$B    22    SSfl 


of  3otua 
1920 


PRIMARY  AND  GENERAL 


ELECTION  LAWS 


PREPARED  UNDER  THE  DIRECTION  OF 

W.  C.  RAMSAY 

SECRETARY  OF  STATE 


Published  by 

THE   STATE    OP    IOWA 
Des  Moines 


S>tatr  of  Jouia 
1920 


PRIMARY  AND  GENERAL 

ELECTION  LAWS 


PREPARED  UNDER  THE  DIRECTION  OF 

W.  C.  RAMSAY 

SECRETARY   OF   STATE 


Published  by 

THE    STATE    OF    IOWA 
Des  Moines 


POLITICAL  CALENDAR,  1920. 


NOMINATIONS  AND  PRIMARY  ELECTIONS. 

Date  of  Primary  Election: 

General,  on  first  Monday  in  June. 

Municipal,  on  last  Monday  in  February  in  years  when  mu- 
nicipal election  is  held. 

In  cities  under  commission  form  of  government,  on  second 

Monday  preceding  general  municipal  election. 
Nomination  papers,  date  for  filing: 

County  officers,  at  least  30  days  before  primary  election. 

State  officers,  at  least  40  days  before  primary  election. 

Representative  in  congress,  at  least  40  days  before  primary 
election. 

Members  of  general  assembly,  at  least  40  days  before  pri- 
mary election. 

United  States  senator,  at  least  40  days  before  primary  elec- 
tion. 

Presidential  elector,  at  least  40  days  before  primary  election. 
Nomination  papers,  place  for  filing: 

County  officers,  with  county  auditor. 

State  officers,  with  secretary  of  state. 

Representative  in  congress,  with  secretary  of  state. 

Members  of  general  assembly,  with  secretary  of  state. 

United  States  senator,  with  secretary  of  state. 

Presidential  elector,  with  secretary  of  state. 
List  of  persons  who  have  completed  nomination  papers  certi- 
fied by  secretary  of  state  to  each  county  auditor  at  least 
30  days  before  primary  election. 

Proclamation  by  county  auditor,  following  above  certification, 
giving  time  of  holding  the  primary  election,  hours  when 
polls  will  be  open,  and  offices  for  which  candidates  are  to 
be  nominated. 
Polls  open: 

In  cities  where  registration  is  required,  from  7:00  a.  m.  to 
8 :00  p.  m. 

In  all  other  precincts,  from  9:00  a.  m.  to  8:00  p.  m. 


M144077 


iv  PRIMARY    AND    GENERAL    ELECTION    LAWS 

Nomination  on  more  than  one  ticket : 

Candidate  must  forthwith  file  with  proper  officer  a  written 
declaration  indicating  party  designation  for  official  ballot. 
Filing  of  objections  to  nomination  papers  or  certificates: 
With  secretary  of  state,  not  less  than  20  days  before  election. 
With  other  officers,  not  less  than  8  days  before  election. 
Withdrawal  of  nomination  by  filing  written  request: 

With  secretary  of  state  30  days  before  election  (16  days  if  a 

special  election). 
With  county  auditor  15  days  before  election  (12  days  if  a 

special  election). 

With  clerk  12  days  before  election  (12  days  if  a  special  elec- 
tion). 

Filing  of  certificates  of  nomination  and  nomination  papers 
(nomination  by  convention  or  petition) : 
For  state,  congressional,  judicial  and  legislative  offices,. with 
secretary  of  state  not  more  than  60  nor  less  than  40  days 
before  election. 
For  offices  in  cities  and  towns,  with  clerks  not  more  than  40 

nor  less  than  15  days  before  election. 
For  all  other  offices,  with  the  county  auditor  not  more  than 

60  nor  less  than  30  days  before  election. 
Canvass  by  board  of  supervisors,  as  county  canvassing  board : 

Second  Tuesday  next  following  the  primary  election. 
Canvass  by  executive  council,  as  state  canvassing  board: 

Second  Monday  after  primary  election. 
List  of  nominees  certified  by  secretary  of  state  to  each  county 

auditor  not  less  than  15  days  before  general  election. 
Statement  of  candidacy  and  petition  for  office  of  mayor  or 
councilman  in  cities  under  commission  form  of  govern- 
ment to  be  filed  with  city  clerk  at  least  10  days  before 
primary  election. 

Petition  for  nomination  for  office  of  councilman  in  cities  under 
city  manager  plan  to  be  filed  with  city  or  town  clerk  10 
days  before  election. 

REGISTRATION. 

In  cities  of  6,000  or  more  (including  cities  under  special  char- 
ter) ,  registers  hold  continuous  session  for  2  days  (in  pres- 
idential years  3  days)  from  8 :00  a.  m.  to  9 :00  p.  m.  in  the 


POLITICAL    CALENDAR  v 

usual  voting  places,  beginning  on  second  Thursday  prior 
to  any  general,  city  or  special  election. 

On  election  day  registers  meet,  at  place  convenient  to  voting 

place,  while  polls  are  open,  for  those  unable  to  register  pre- 
viously. 

CONVENTIONS. 

Judicial  conventions: 

State,  not  less  than  one  nor  more  than  two  weeks  after  the 

regular  state  party  convention. 
District,  not  earlier  than  the  first  Thursday  nor  later  than 

the  fifth  Thursday  following  the  county  convention. 

County  convention: 

Fourth  Saturday  following  the  primary  election. 
District  convention: 

Not  earlier  than  the  first  nor  later  than  the  fifth  Thursday 
following  the  county  convention. 

State  convention: 

Not  earlier  than  the  first  nor  later  than  the  fifth  Wednesday 
following  the  county  convention.  . 

GENERAL  ELECTION. 

Date: 

General,  on  Tuesday,  next  after  the  first  Monday  in  Novem- 
ber. 

Municipal,  on  last  Monday  in  March. 
Proclamation  of  governor,  designating  offices  to  be  filled : 

At  least  30  days  before  general  or  special  election. 

Polls  open: 

In  cities  where  registration  is  required,  from  7:00  a.  m.  to 
7:00  p.  m. ;  in  other  voting  places,  from  8:00  a.  m.  to  7:00 
p.  m. 

Canvass  by  board  of  supervisors,  as  county  canvassing  board : 

On  Monday  after  the  general  election. 

Canvass  by  executive  council,  as  state  canvassing  board: 

On  the  twentieth  day  after  the  general  election. 


vi  PRIMARY    AND    GENERAL    ELECTION    LAWS 

STATEMENT  OF  EXPENSES. 

Candidates  at  any  primary,  municipal  or  general  election  must 

file  statement  of  expenses  within  10  days  after  such  election : 

For  municipal  or  county  office,  with  the  county  auditor.  (For 
elective  offices  in  cities  under  commission  form  of  govern- 
ment and  cities  under  city  manager  plan,  see  §§  1056-a32 
and  1056-bll.) 

For  other  offices,  with  the  secretary  of  state. 
Chairmen  of  each  party  central  committee  must  file  statement 

of  receipts  and  expenditures  within  10  days  after  election : 

For  state  and  district  central  committees,  with  the  secre- 
tary of  state. 

For  county  central  committees,  with  the  county  auditor. 


vii 


TABLE  OF  CONTENTS 


Page 

Political   Calendar    :.' . . . . 3 

Election  Laws 1 

CONSTITUTION,  ARTICLE  2— RIGHT  OF  SUFFRAGE. 
Section 

1.  Electors    1 

2.  Privileged  from  Arrest ,,  1 

3.  From  Military  Duty 1 

4.  Persons  in  Military  Service , ... 1 

5.  Disqualified  Persons , . , 1 

6.  Ballot 1 

7.  General  Election . , ..... ;     2 

DIVISION    I— TIME  OF   ELECTION   AND  TERM   OF  OFFICE. 

1057-a.    General  Election   3 

1058.  Special  Election 3 

1061.  Proclamation 3 

57.      Proclamation  of  Submission 4 

1062.  Notice 4 

1063.  Of   Special  Election 4 

1059.  When  Officer  to  Be  Chosen 4 

1060.  Term  of  Office 4 

1060-a.   Acts  in  Conflict  Repealed 4 

1065.  State  Officers 4 

1066.  Judges  of  the  Supreme  Court 6 

Chap.  318,  Laws  of  the  37th  General  Assembly — 

1.  Superintendent  of  Public  Instruction — Office  Made  Elective  5 

2.  Repeal    5 

1068.  Railroad   Commissioners — Election  and   Term 6 

1069.  Judges  of  District  Court 6 

1071.  Senators 6 

1070.  Representatives    6 

1072.  County     Officers — Election     of     County     Superintendent     of 

Schools  by  Convention 6 

411.       Members  of  County  Board  of  Supervisors — Term  of  Office...  9 

1074.  Township  Trustees — Election — Term   $ 

1073.  Justices  and  Constables 10 

1075.  Township  Clerk— Assessor , 10 

1074-a.    In  New  Townships — Special  Election 10 

565.      Assessor  Where  City  Included 10 


viii  PRIMARY    AND    GENERAL    ELECTION    LAWS 

DIVISION  II— ELECTIONS  AND  OFFICERS:   CITIES  AND  TOWNS. 

Section  Page 

642.  Regular  Elections 11 

643*.  Officers  to  Be  Residents 11 

644.  Qualifications  of  Officers 11 

645.  Council — How  Composed    11 

646.  Election  of  Councilmen — Terms  of  Office. 11 

647.  Elective  Officers  in  Cities  of  First  Class 12 

648.  Elective  Officers  in  Cities  of  Second  Class 13 

649.  Elective  Officers  in  Towns 13 

650.  Terms  of  Office — Assessor : 13 

DIVISION     111— ELECTIONS    AND    OFFICERS:     CITIES    UNDER    SPE- 
CIAL CHARTER. 

936.  Elections 13 

937.  Council — Vacancies  13 

937-a.  Vacancies — When  Filled  by  Council 14 

937-b.  Conflicting  Acts  Repealed 14 

938.  Marshal— Policemen 14 

939.  Assessors    15 

940.  Other  Officers  Elected — Terms 15 

991.  Park     Commissioners  —  Election  —  Ordinance      Submitted  — 

Terms    15 

DIVISION     IV— ELECTIONS    AND    OFFICERS:     CITIES    UNDER    COM- 
MISSION   FORM    OF  GOVERNMENT. 

1056-a20.  Elective  Officers — Vacancies — Terms  of  Office 16 

1056-a21.  Candidates— How  Nominated — Primary  Election — Ballot — 

Canvass  of  Vote — Result  Published — Municipal  Election  16 

1056-a22.  Services  for  Hire— Penalty 20 

1056-a23.  Bribery  and  Illegal  Voting — Penalty 20 

1056-a31.  Officers  and  Employes — What  Prohibited 20 

1056-a32.  Civil  Service  Commissioners — Duties — Powers  of  Council  20 
1056-a36.  Removal  of  Elective  Officers — Procedure— Statement  of 

Candidacy — Election  of  Successors 21 

DIVISION    V— ELECTIONS    AND    OFFICERS:     CITIES     UNDER    CITY 

MANAGER  PLAN. 

1056-b3.       Tenure  of  Office  of  Councilmen,   Other   Officers  and   Em- 
ployes   23 

1056-b4.       Councilmen  to  Be  Nominated  by  Petition— Election— Form 

of  Ballot '. 25 

1056-b5.       Ballots — Clerk   to   Prepare — Number — Judges — Canvass   of 

Returns 26 

1056-b6.       Election  Laws  Applicable 26 

1056-bll.     Statutes  Made  Applicable 27 

1056-b20.     Manager  Not  to  Influence  Election — Penalty 27 


TABLE  OF  CONTENTS 


ix 


DIVISION    VI— VACANCIES    IN    OFFICE. 
Section  Page 

1277.  Officers  to  Fill  Vacancies 27 

1278.  Officers — Vacancies 27 

1279.  Election  to  Fill  Vacancies 28 

DIVISION   VII— NOMINATIONS    BY    PRIMARY    ELECTION. 

1087-.a2.     Primary  Election  Defined 28 

1087-a3.     Political  Party  Defined 28 

1087-al.     Primary  Elections  Authorized — Offices  Affected 28 

1087-c.      United  States  Senators — Nomination  and  Election 29 

Chap.  401,  Laws  of  the  37th  General  Assembly — 

1.  United   States   Senators — Amendatory   Clause 29 

2.  Vacancies — When  Governor  May  Fill 29 

1087-a4.      When  Held  29 

1087-all.     Blank  Nomination  Papers 30 

1087-alO.     Nomination  Papers — Candidates — Affidavit  30 

1087-al2.     Nomination  Certified  to  County  Auditor — Order  on  Ballot 

Designated — Notice  Published    33 

1087-al4.     Ballot— Form   34 

1087-al3.     Printing — Order  of  Names  on  Ballot 35 

1087-al5.     Sample  Ballots   36 

1087-a5.      Judges  and  Clerks — How  Selected — Oath — Expenses 37 

1087-al6.     Supplies— Poll  Books    37 

1087-a6.      Australian  Ballot — Polls  Open — Ballots 38 

1087-a7.      First  Declaration  of  Party  Affiliation — Record 38 

1087-a8.       Change  of  Affiliation — First  Voter— Removal 39 

1087-a9.      Challengers — Affidavit 40 

1087-al7.     Ballots  Counted — Returns   40 

1087-al9.     Canvass  by  Board  of  Supervisors — Certificates 41 

1087-al8.     Recount  of  Ballots 42 

1087-a20.    Abstracts  Forwarded  to  Secretary  of  State 43 

1087-a21.     County  Returns  Filed — Published  Proceedings  of  Canvass- 
ing Board  43 

1087-a22.     Canvass  by  State  Board — Certificates 44 

1087-a23.     State  Returns  Filed — Nominations  Certified  to  County  Aud- 
itor   45 

1087-a24.     Tie  Vote — Vacancies  45 

1087-a24a.  United  States  Senator — Vacancy — Nomination 46 

1087-a25.     County  Convention — Delegates — Committeemen   47 

1087-a26.     District  Convention 49 

1087-a27.     State  Convention — State  Central  Committee 50 

1087-a28.     Existing  Party  Committees 51 

1087-a34.     Primary  Elections  in  Certain  Cities 51 

1087-a35.     Repeal    52 

1087-a31.     Misconduct  of  Election  Officials— Penalty 52 

1087-a29.     Nomination  by  Petition 53 

1087-a30.     Special  Elections    53 


x  PRIMARY    AMD    GENERAL    ELECTION    LAWS 

DIVISION    VIII— NOMINATION    BY   CONVENTION,    OR    PETITION. 

Section  .  Page 

1098.  Nomination  by  Convention 53 

1099.  Certificates    '. 53 

1103.  Objections    54 

1100.  Nominations   by  Petition 55 

1101.  Withdrawals    55 

1102.  Vacancies    Filled 56 

1104.  Filing  Certificates  and  Petitions. .' 56 

DIVISION    IX— NOMINATION   AND    ELECTION    OF  JUDGES. 
Chap.  63,  Laws  of  the  38th  General  Assembly — 

1.  Nomination  and  Election  of  Judges — Repeal  and  Substitute  57 

2.  State  Judicial  Convention — Delegates — Organization —  Su- 

preme Court  Judges 58 

3.  District    Central     Committee — How    Constituted — Judicial 
Convention — District  Court  Judges,  etc 58 

4.  Supreme  and  District  Judges — Certification  of  Nomination 

— Ballot   Form,   etc 59 

5.  Judge  of  Superior  Court — How  Nominated  and  Elected 60 

6.  General  Election  Laws  for  State,  etc.,  Officers,  Applicable  60 

7.  Nomination  of  Judges  by  Petition 60 

DIVISION    X— REGISTRATION    OF  VOTERS. 

1076.  Board  of  Registers — Village  Precincts 61 

1076-a.   Applicable  to  Special  Charter  Cities 62 

3  085.       Notice    62 

1077.  Registration    62 

1078.  Statements — Registry    Books — School    Elections 63 

1079.  List  of  Voters 64 

1080.  Correction  of  Registry — Lists  Delivered  to  Judges 64 

1081.  Appearance  and  Hearing 65 

1082.  Registration  on  Election  Day 65 

1083.  Striking  Off  Names 66 

1084.  New  Registry — How   Often 66 

1086.  City  Clerk 67 

1087.  Penalty   67 

DIVISION   XI— METHOD  OF  CONDUCTING   ELECTIONS. 

566.       Places  for  Holding  Elections 68 

1088.  Elections   Included    68 

1089.  General,  City  and  Special 68 

1090.  Election  Precincts  68 

1091.  Polling  Places  for  Country  Precincts 69 

1092.  Notice  of  Boundaries  of  Precincts 69 

1093.  Election  Boards 69 

1113.      Polling   Places — Voting   Booths 70 

1130.       Ballot  Boxes   71 

1132.      Registry  and  Poll  Books 71 

1097.      Voting  by  Ballot 72 


TABLE  OF  CONTENTS 


xi 


Section  Page 

1105.  Nominations  Transmitted  to  County  Auditor 72 

1106.  Ballot — Form — Presidential  Electors — United   States   Senator 

— District  Judge — Constitutional  Amendments — Ballot  for 

Women  72 

56.  Submission  of  Constitutional  Amendments  to  Vote — Results 

Declared — Record  75 

58.       Submission  at  Special  Election 76 

1107.  Printing 76 

1109.  Method  of  Printing 76 

.  1108.      Vacancies  Filled 77 

1110.  Delivery  of  Official  Ballots  to  Judges 77 

1111.  Card   of  Instructions 78 

1112.  Cards  Posted— Publication  of  Ballot 79 

1096.       Polls  Open  79 

1094.  Oath 79 

1095.  How  Administered    80 

1114.  Ballot  Furnished  to  Voter 80 

1115.  Challenges    80 

1116.  Method  of  Voting 81 

1117.  Depositing  Ballot 81 

1118.  Assistance  to  Vote 82 

1119.  Marking   the   Ballot 82 

1120.  Ballot— Marking  for   Candidate — Rejection 83 

1121.  Voting  Mark — Spoiled   Ballots 83 

1122.  Defects  in  Printed  Ballot 83 

1131.      Voting  by  Women 84 

1124.  Persons  at  Polling  Place 84 

1128.  Arrest  of  Disorderly  Persons 85 

1134.  Interference  With  Voters 85 

1123.  Employes 85 

1135.  Defacing  Posted  Lists  or  Cards ! 86 

1137.  Official  Neglect  or  Misconduct 86 

1125.  Special  Policemen  86 

1126.  Constables    87 

1127.  Preserving  Order 87 

1129.  Expenses — Special    Policemen — Compensation 87 

1133.       Penalty   .- 87 

1134-a.    Promise  of  Position  Prohibited 88 

1134-b.    Promise  of  Influence  Prohibited 88 

1134-c.    Penalty 88 

DIVISION   XII— CANVASS   OF   VOTES. 

1138.  By  Judges 88 

1139.  Defective  Ballots  89 

1140.  Excess  of  Ballots 89 

1141.  Return  of  Ballots  Not  Voted 89 

1142.  Proclamation  of  Result — Preservation  of  Ballots 90 

1143.  Destruction  of  Ballots 90 

1144.  Return  of  Board . .  91 


xii 


PRIMARY    AND    GENERAL    ELECTION    LAWS 


Section  Page 

1145.  Poll  Books  Returned  and  Preserved 91 

1146.  Canvass  of  Returns  From  Precincts 91 

1147.  Township,  City  and  Town  Officers  Notified 92 

1148.  Returns  From  Precincts  Secured 92 

1149.  Canvass  by  Board  of  Supervisors 92 

1150.  Abstracts    of    Votes 92 

1151.  Duplicate  Abstracts 93 

1152.  Declaration   of  Election 93 

1153.  For  Senator  or  Representative  for  District 93 

1154.  Returns    Filed 93 

1155.  Certificate    of   Election 93 

1156.  Of  Senators  and  Representatives 94 

1157.  Abstracts  Forwarded  to  Secretary  of  State 94 

1158.  Returns  Procured  From  Counties 94 

30-a.    Canvass  of  Votes — Oath — Message  of  Governor 95 

1159.  Abstracts  Opened 95 

1160.  State  Board  of  Canvassers 95 

1161.  Time   of  State   Canvass 95 

1162.  Canvass  by  State  Board,  Including  Votes  for  United  States 

Senator   95 

1163.  Abstract  of  Result 96 

1164.  Record  of  Canvass 96 

1165.  Certificate   of   Election 96 

1167.      Certificates  Mailed   '. 96 

1166.  Representative   in   Congress 97 

1169.  Tie  Vote  97 

679.      Tie  Vote,  City  or  Town  Office 97 

1170.  Canvass   Public — Result   Determined 97 

1171.  Special  Elections — Canvass  and  Certificate 97 

1172.  Messengers  for  Election  Returns 97 

DIVISION   XIII— VOTING    MACHINES. 

1137-a7.       Use  of  Voting  Machines  Authorized 98 

1137-a8.       Board  of  Supervisors  to  Purchase 98 

1137-al4.     Bonds — Certificates  of  Indebtedness 98 

1137-a9.      Commissioners — Term — Removal 98 

1137-alO.    Examination  of  Machine — Report  of  Commissioners — Com- 
pensation   98 

1137-all.     Provisions  as  to  the  Construction  of  Machine  Approved ...  99 

1137-al2.     Experimental  Use 99 

1137-al3.     Duties  of  Local  Authorities 100 

1137-al5.     Ballots— Form    100 

1137-al6.     Sample  Ballots    100 

1137-al7.     Two  Sets  of  Ballots 100 

1137-al8.     Delivery  of  B'allots 100 

1137-al9.     Duties  of  Election  Officers — Independent  Ballots 101 

1137-a20.     Voting  Machine  in  Plain  View— Guard  Rail 101 

1137-a21.     Method   of  Voting 102 

1137-a22.     Additional  Instructions .102 


TABLE  OF  CONTENTS 


xiii 


Section  Page 

1137-a23.     Injury  to  the  Machine 102 

1137-a24.     Canvass  of  Vote 103 

1137-a25.     Judges  to  Lock  Machine 103 

1137-a26.     Written  Statements  of  Election 103 

1137-a27.    What  Statutes  Apply — Separate  Ballots 103 

DIVISION  XIV— ABSENT  VOTERS'  LAW. 

1137-b.  Voters  Absent  From  County  May  Vote 103 

1137-c.  Application  for  Official  Ballot 104 

1137-d.  Form  of  Application 104 

1137-e.  Auditor  or  Clerk  to  Deliver  or  Mail  Ballot •. 105 

1137-f.  Duty  of  Auditor — Form  of  Affidavit 105 

1137-g.  Affidavit — Marking  Ballot — Ballot  Deposited   in  Envelope — 

Mailing  or  Delivering  Envelope 106 

1137-h.  Custody  of  Ballot  by  Auditor  or  Clerk 106 

1137-i.  Envelopes — Delivery  to  Judges  of  Election 107 

1137-j.        Opening  Envelope — Depositing  Ballot — Rejecting  Ballot....  107 

1137-k.  Challenges 109 

1137-1.  Ballot  of  Deceased  Voter 109 

1137-m.  Laws  Made  Applicable 109 

1137-n.  Penalty   Clause 109 

1137-0.  Construction  of  Statute 110 

DIVISION   XV— PRESIDENTIAL    ELECTORS. 

1173.  Election — Canvass — Women  Entitled   to  Vote.. 110 

1168.  Certificate   to   Electors Ill 

1174.  Meeting— Certificate     Ill 

1175.  Certificate  of  Governor Ill 

1176.  Compensation   , Ill 

DIVISION    XVI— STATEMENT    OF    EXPENSES. 

1137-al.  Candidates    to    Make    Sworn    Statement    of    Election    Ex- 
penses— Where  Filed   Ill 

1137-a2.  Testimony — Immunity  From  Prosecution 112 

1137-a3.  Statements  by  Committee  Chairman 112 

1137-a4.  Statements  Open  to  Public  Inspection 112 

1137-a5.  Treating  Near  the  Polls — Duty  of  Judges  and  Clerks 113 

1137-a6.  Penalty 113 

DIVISION  XVII— CONTESTING  ELECTIONS:   GENERAL  PROVISIONS. 

1198.  Grounds  of  Contest 113 

1219.  Certificate  Withheld 114 

1199.  Incumbent    114 

1200.  Change  the  Result 114 

1143.  Recanvass  in  Case  of  Contest 114 

1250.  Provisions  Applicable  .  .   114 


xiv  PRIMARY    AND   GENERAL    ELECTION    LAWS 

DIVISION     XVIII— CONTESTING     ELECTIONS     OF     GOVERNOR     AND 

LIEUTENANT  GOVERNOR. 
Section  Page 

1239.  Contest  as  to  Governor  or  Lieutenant-governor 115 

1240.  Notice  to  Incumbent 115 

1241.  Houses  Notified   115 

1242.  Court — How  Chosen   115 

1243.  Powers  and  Proceedings  of  Committee 115 

1244.  Testimony    116 

1245.  Judgment    116 

DIVISION  XIX— CONTESTING  ELECTIONS  FOR  SEATS  IN   GENERAL 

ASSEMBLY. 

1233.  Contest  as  to  Member  of  General  Assembly 116 

1234.  Subpoenas    116 

1235.  Depositions    116 

1236.  Return  of  Depositions 116 

1237.  Statement  and  Depositions— Notice 117 

1238.  Power  of  General  Assembly 117 

DIVISION   XX— CONTESTING   ELECTIONS   OF   PRESIDENTIAL    ELEC- 
TOR. 

1246.  Contest  as  to  Presidential  Electors 117 

1247.  Statement 118 

1248.  Trial     118 

1249.  Judgment 118 

DIVISION  XXI— CONTESTING  ELECTIONS  OF  STATE  OFFICERS. 

1224.  State  Court  of  Contest 118 

1225.  Clerk .119 

1226.  Statement  Filed  119 

1227.  Time  of  Trial— Notice 119 

1229.  Place   of   Trial 119 

1228.  Subpoenas — Depositions    119 

1231.  Judgment   Filed — Execution    119 

1232.  Power  of  Judge 119 

1230.  Compensation  of  Judges , 120 

DIVISION   XXII— CONTESTING    ELECTIONS   OF   COUNTY    OFFICERS. 

1201.  Court — How    Constituted    120 

1206.  Judges 120 

1202.  Clerk    120 

1214.  Sheriff  to  Attend 120 

1203.  Statement  of  Contest 120 

1204.  Names  of  Voters 121 

1205.  Trial— Notice    121 

1213.  Place  of  Trial 121 

1210.  Subpoenas    121 

1207.  Postponement     '. 121 

1208.  Procedure — Powers   of   Court 122 

1211.  Sufficiency  of  Statement — Amendment..  .   122 


TABLE  OF  CONTENTS 


xv 


Section 


Page 


1209.     Testimony 122 

1215.  Voters  Testify 122 

1220.  Judgment   122 

1221.  How  Enforced 123 

1222.  Appeal     123 

1223.  Judgment  on  Appeal 123 

1212.     Process — Fees     123 

1216.  Compensation  of  Judges 124 

1217.  Costs    124 

1218.  How  Collected    -124 

DIVISION     XXIII— CONTESTING     ELECTIONS     OF     CITY     OR     TOWN 

OFFICERS. 

678.     Contesting  Elections    124 

DIVISION     XXIV— CONTRIBUTIONS     BY     CORPORATIONS     PROHIB- 
ITED. 

1641-h.     Political  Contributions  Prohibited 124 

1641-i.      Solicitation  From   Corporations   Prohibited 125 

1641-j.      Testimony — Immunity  From  Prosecution 125 

1641-k.     Penalty    *  . 125 

DIVISION   XXV— BRIBERY  AND   CORRUPTION    IN    ELECTIONS. 

4914.  Bribery  of  Electors 125 

4915.  To  Refrain  From  Voting — To  Work  for  Candidate 126 

4916.  Accepting  Bribe — Punishment   126 

4917.  Contracts  to   Convey  Voters 126 

1087-a32.  Services   for    Hire — Penalty 126 

1087-a33.  Bribery— Illegal  Voting— Penalty   127 

4918.  Voting  More  Than  Once 127 

4919.  When  Not   Qualified 127 

4920.  Residence  in  County 127 

4921.  Residence  in   State 128 

4922.  Counseling  to  Vote  When  Not  Qualified 128 

4923.  Deceiving  Voter  as  to  Ballot 128 

4924.  Preventing  From  Voting  by  Force  or  Threats 128 

4925.  Bribing  Clerks,  Judges,  etc 128 

4926.  Procuring  Vote  by  Influence  or  Threats 129 

4927.  Judges  or  Clerks  Making  False  Entries,  etc 129 

4928.  Illegally  Receiving  or  Rejecting  Votes 129 

4929.  Misconduct  to  Avoid  Election 129 

4930.  '  Not  Returning  Poll  Books 130 

4931.  Improper  Registry   130 

1136.  Forgery  of  Papers  or  Ballots 130 

4931-a.  Political  Advertisements,  etc.,  to  Be  Signed — Penalty 130 

4919-a.  Illegal  Voting 131 

4919-b.  Prima  Facie  Evidence 131 

4919-c.  Authority  to  Administer   Oaths 131 

4919-d.  What  Excepted  .132 


CONSTITUTIONAL  PROVISIONS 


ARTICLE  2— RIGHT  OF  SUFFRAGE. 

Section  1.  Electors.  Every  male  citizen  of  the  United 
States,  of  the  age  of  twenty -one  years,  who  shall  have  been  a 
resident  of  this  state  six  months  next  preceding  the  election, 
and  of  the  county  in  which  he  claims  his  vote,  sixty  days,  shall 
be  entitled  to  vote  at  all  elections  which  are  now  or  hereafter 
may  be  authorized  by  law. 

Sec.  2.  Privileged  from  Arrest.  Electors  shall,  in  all  cases 
except  treason,  felony,  or  breach  of  the  peace,  be  privileged 
from  arrest  on  the  days  of  election,  during  their  attendance 
at  such  elections,  going  to  and  returning,  therefrom. 

Sec.  3.  From  Military  Duty.  No  elector  shall  be  obliged  to 
perform  military  duty  on  the  day  of  election,  except  in  time 
of  war  or  public  danger. 

Sec.  4.  Persons  in  Military  Service.  No  person  in  the  mili- 
tary, naval,  or  marine  service  of  the  United  States  shall  be 
considered  a  resident  of  this  state  by  being  stationed  in  any 
garrison,  barrack,  or  military  or  naval  place  or  station  within 
this  state. 

Sec.  5.  Disqualified  Persons.  No  idiot  or  insane  person,  or 
person  convicted  of  any  infamous  crime,  shall  be  entitled  to  the 
privilege  of  an  elector. 

~Se~67~"Ballotr"rAll  elections  by  the  peophTshall  be  b^baT 
lot. 


'    I 


2"'  '  PRIAfAR'r  'AJSfD^GEfNERAL    ELECTION    LAWS 

Sec.  7.  General  Election.  The  general  election  for  state, 
district,  county  and  township  officers  in  the  year  1916  shall  be 
held  in  the  same  month  and  on  the  same  day  as  that  fixed  by 
the  laws  of  the  United  States  for  the  election  of  presidential 
electors,  or  of  president  and  vice-president  of  the  United 
States ;  and  thereafter  such  election  shall  be  held  at  such  time 
as  the  general  assembly  may  by  law  provide. 


ELECTIONS  AND  OFFICERS 


DIVISION  I. 
TIME  OF  ELECTION  AND  TERM  OF  OFFICE. 

Section  1057-a.  General  election.  The  general  election  for 
state,  district,  county  and  township  officers  shall  be  held 
throughout  the  state  on  Tuesday,  next  after  the  first  Monday 
in  November  in  the  year  nineteen  hundred  six  and  each  two 
years  thereafter.  [31  G.  A.,  ch.  36,  §  2.] 

Sec.  1058.  Special  election.  Special  elections  authorized  by 
any  law,  or  held  to  supply  vacancies  in  any  office  to  be  filled  by 
the  vote  of  the  qualified  voters  of  the  entire  state,  or  of  any  dis- 
trict, county  or  township,  may  be  held  at  the  time  designated 
by  such  law,  or  by  the  officer  authorized  to  order  such  election. 
[C.73,§574;R.,  §460.] 

Sec.  1061.  Proclamation.  At  least  thirty  days  before  any 
general  election,  the  governor  shall  issue  his  proclamation,  des- 
ignating all  the  offices  to  be  filled  by  the  vote  of  all  the  electors 
of  the  state,  or  by  those  of  any  congressional,  legislative  or 
judicial  district,  and,  in  the  years  required  by  article  ten, 
section  three,  of  the  constitution,  submitting  the  question: 
"Shall  there  be  a  convention  to  revise  the  constitution  and 
amend  the  same?"  and  transmit  a  copy  thereof  to  the  sheriff 
of  each  county.  Said  proclamation  shall  designate  by  number 
the  several  districts  in  which  congressional  and  judicial  officers 
are  to  be  chosen  without  other  description.  The  office  of  sena- 
tors in  the  state  legislature  shall  be  designated  substantially  as 
follows : 

"In  the  senatorial  districts  numbered"  (giving  the  number 
of  each  senatorial  d*  strict  in  which  a  senator  is  to  be  chosen) 
"each  one  senator." 

The  office  of  representative  in  the  state  legislature  shall  be 
designated  as  follows: 

"In  the  districts  numbered"  (giving  the  number  of  each  dis- 
trict in  which  two  representatives  are  to  be  chosen)  "each  two 
representatives.  In  all  other  representative  districts  of  the 


4  PRIMARY    AND    GENERAL    ELECTION    LAWS 

state,  each  one  representative."     [36  G.  A.,  ch.  88;  C.  73,  § 
577;  R.,  §  462.] 

Sec.  57.  Proclamation  of  submission.  Whenever  a  propo- 
sition to  amend  the  constitution  is  submitted  to  a  vote  of  the 
electors,  the  governor  shall  include  such  proposed  amendment 
in  his  election  proclamation.  [16  G.  A.,  ch.  144,  §  3.] 

Sec.  1062.  Notice.  The  sheriff  shall  give  at  least  ten  days' 
notice  thereof,  by  causing  a  copy  of  such  proclamation  to  be 
published  in  some  newspaper  printed  in  the  county ;  or,  if  there 
be  no  such  paper,  by  posting  such  a  copy  in  at  least  five  of  the 
most  public  places  in  the  county.  [C.  '73,  §  578;  R.,  §  463.] 

Sec.  1063.  %0f  special  election.  A  similar  proclamation  shall 
be  issued  before  any  special  election  ordered  by.  the  governor, 
designating  the  time  at  which  such  special  election  shall  be 
held ;  and  the  sheriff  of  each  county  in  which  such  election  is  to 
be  held  shall  give  notice  thereof,  as  provided  in  the  last  sec- 
tion. [C.  73,  §  579;R.,.§  464.] 

Sec.  1059.  When  officer  to  be  chosen.  At  the  general  elec- 
tion next  preceding  the  expiration  of  the  term  of  any  officer 
his  successor  shall  be  elected.  [C.  '73,  §  575 ;  R.,  §  461.] 

Sec.  1060.  Term  of  office.  The  term  of  office  of  all  officers 
chosen  at  a  general  election  for  a  full  term  shall  commence  on 
the  second  secular  day  of  January  next  thereafter,  except 
when  otherwise  provided  by  the  constitution  or  by  statute; 
that  of  an  officer  chosen  to  fill  a  vacancy  shall  commence  as 
soon  as  he  has  qualified  therefor.  [33  G.  A.,  ch.  68,  §  1 ;  31 
G.  A.,  ch.  37,  §  1 ;  16  G.  A.,  ch.  72 ;  C.  '73,  §  576 ;  R.,  §  462.] 

See  Const.,  Art.  IV,  §  15. 

Sec.  1060-a.  Acts  in  conflict  repealed.  All  parts  of  acts  in 
conflict  with  this  act  are  hereby  repealed.  [33  G.  A.,  ch.  68, 
§2.] 

Sec.  1065.  State  officers.  The  governor,  lieutenant  gov- 
ernor, secretary  of  state,  auditor  of  state,  treasurer  of  state 
and  attorney  general  shall  be  chosen  at  the  general  election  in 
each  even-numbered  year  and  their  terms  of  office  shall  be  for 
two  years.  [35  G.  A.,  ch.  103,  §  9 ;  31  G.  A.,  ch.  36,  §  3.] 

As  to  governor  and  lieutenant  governor,  see  Const.,  Art.  IV,  §  15. 

As  to  secretary,  auditor  and  treasurer,  see  Const.,  Art.  IV,  §  22. 

As  to  attorney  general,  see  Const.,  Art.  V,  §  12. 


ELECTIONS    AND    OFFICERS  5 

Sec.  1066.  Judges  of  the  supreme  court.*  Two  judges  of 
the  supreme  court  shall  be  chosen  at  the  general  election  in  the 
year  nineteen  hundred  six  and  two  shall  be  chosen  at  each 
general  election  thereafter,  whose  terms  of  office  shall  con- 
tinue for  six  years.  Of  the  judges  whose  terms  of  office  first 
expire,  the  senior  in  time  of  service  shall  be  chief  justice  for 
one  year,  and,  if  there  be  but  two  of  them,  the  junior  for  one 
year,  and  so  on  in  rotation.  If  two  or  more  are  equal  in  time 
of  service,  then  the  right  to  the  position  and  the  order  in  which 
they  serve  shall  be  determined  by  seniority  in  age.  And  at 
the  last  term  in  each  year,  the  supreme  court  shall  determine 
and  enter  of  record,  who,  under  these  rules,  shall  be  chief  jus- 
tice for  the  year  next  ensuing;  and  at  the  session  of  the  su- 
preme court  next  preceding  the  commencement  of  the  first  of 
the  said  two  years,  the  supreme  court  shall  cause  a  record  to 
be  made  as  to  who  shall  be  the  chief  justice  for  the  year  next 
ensuing.  [35  G.  A.,  ch.  22,  §  4;  31  G.  A.,  ch.  36,  §  4;  26  G.  A., 
ch.  72;  25  G.  A.,  ch.  69,  §  2;  16  G.  A.,  ch.  7,  §  2;  C.  73,  §  582; 
R.,  §  467.] 

See  Const.,  Art.  V,  §§  3,  11. 


Chapter  318,  Laws  of  the  Thirty-seventh  General  Assembly. 

Superintendent  of  Public  Instruction. 

AN  ACT  to  make  the  office  of  state  superintendent  of  public  instruction 
elective,  repealing  section  twenty-six  hundred  twenty-seven-a  (2627-a), 
supplement  to  the  code,  1913,  and  providing  for  the  filling  of  said 
office  until  the  next  general  election. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section  1.  Office  made  elective.  That  the  office  of  superin- 
tendent of  public  instruction  is  hereby  made  elective,  and  the 
election  of  said  officer  shall  be  submitted  to  the  qualified  voters 
of  Iowa  at  the  general  election  of  1918  and  every  four  years 
thereafter.  The  term  of  such  officer  so  elected  shall  commence 
at  the  expiration  of  the  term  of  the  superintendent  of  public 
instruction  now  in  office,  and  continue  until  his  successor  is 
elected  and  qualified. 

Sec.  2.  Repeal.  Section  twenty-six  hundred  twenty-seven-a 
(2627-a)  supplement  to  the  code,  1913,  and  all  acts  and  parts 
of  acts  inconsistent  herewith  are  hereby  repealed. 


*Sec.   193,  supplement  to   the   code,   1913,   increases  the   number   of  judges 
from  six  to  seven. 


6  PRIMARY    AND    GENERAL    ELECTION    LAWS 

Sec.  1068.     Railroad  commissioners — election  and  term.    At 

the  general  election  in  the  year  nineteen  hundred  six,  and  every 
four  years  thereafter,  there  shall  be  elected  two  railroad  com- 
missioners, whose  term  of  office  shall  be  for  a  period  of  four 
years ;  and  at  the  general  election  in  the  year  nineteen  hundred 
eight,  and  every  four  years  thereafter,  there  shall  be  elected 
one  railroad  commissioner,  whose  term  of  office  shall  be  for  a 
period  of  four  years ;  and  the  present  incumbents  of  the  office 
of  railroad  commissioner  shall  continue  in  office  until  their  suc- 
cessors are  elected  and  qualified,  as  in  this  act  provided.  [31 
G.  A.,  ch.  38 ;  22  G.  A.,  ch.  69,  §  2 ;  17  G.  A.,  ch.  77,  §  2.]  . 

Sec.  1C69.  Judges  of  district  court.  The  judges  of  the  d's- 
trict  court  shall  be  elected  in  each  judicial  district  at  a  gen- 
eral election,  and  shall  hold  office  for  four  years,  except  when 
elected  to  fill  a  vacancy,  in  which  case  it  shall  be  only  for  the 
unexpired  term.  [21  G.  A.,  ch.  134,  §  4.] 

Sec.  1071.  Senators.  Senators  in  the  general  assembly,  to 
succeed  those  whose  terms  are  about  to  expire,  shall  be  elected 
in  the  respective  senatorial  districts  in  each  even-numbered 
year,  and  shall  hold  office  for  the  term  of  four  years.  [31  G.  A., 
ch.  36,  §  6;  C.  '73,  §  588;  R.,  §  471;  C.  '51,  §  239.] 

See  Const.,  Art.  Ill,  §  5. 

Sec.  1070.  Representatives.  Members  of  the  house  of  rep- 
resentatives shall  be  elected  in  the  respective  representative 
districts  in  each  even-numbered  year,  and  hold  office  for  the 
term  of  two  years.  [31  G.  A.,  ch.  36,  §  5;  C.  '73,  §  587;  R., 
§470;C.  '51,  §  239.] 

See  Const.,  Art.  Ill,  §  3. 

Sec.  1072.  County  officers— election  of  county  superintend- 
ent of  schools  by  convention.  There  shall  be  elected  in  each 
county,  at  the  general  election  in  nineteen  hundred  and  six,  and 
in  each  even-numbered  year  thereafter  an  auditor,  a  treasurer, 
a  clerk  of  the  district  court,  sheriff,  a  recorder  of  deeds,  a 
county  attorney,  and  a  coroner,  who  shall  hold  office  for  the 
term  of  two  years  or  until  their  successors  are  elected  and 
qualified.  On  the  first  Tuesday  in  April  in  the  year  nineteen 
hundred  fifteen,  and  each  third  year  thereafter,  and  whenever 
a  vacancy  occurs  in  the  office  of  county  superintendent  of 
schools,  a  convention  shall  be  held  at  the  county  seat  for  the 
purpose  of  electing  a  county  superintendent  of  schools,  at 


ELECTIONS    AND    OFFICERS  7 

which  convention  each  school  township,  city,  town  or  village 
independent  district  and  each  independent  consolidated  dis- 
trict in  the  county  shall  be  entitled  to  one  vote.  Each  such 
school  corporation  shall  be  represented  at  the  convention  by 
the  president  of  the  school  board,  or  in  his  absence  or  inability 
to  act,  by  some  member  of  such  school  board,  to  be  selected  by 
the  board.  It  is  further  provided,  however,  that  where  a  con- 
gressional township  is  composed  in  whole  or  in  part  of  rural 
independent  districts  that  such  rural  independent  districts 
shall  be  entitled  to  one  vote  in  the  convention,  which  vote 
shall  be  cast  by  such  person  as  may  be  selected  by  the  presi- 
dents of  the  component  rural  independent  districts  within  such 
township  at  a  meeting  to  be  held  at  such  time  and  place  as  the 
county  auditor  shall  fix  in  the  written  notice  hereinafter  pro- 
vided for.  All  representatives  to  such  convention  shall  serve 
until  a  county  superintendent  is  elected  and  qualified.  Such 
conventions  shall  be  called  by  the  county  auditor  by  mailing  a 
written  notice  to  the  president  and  secretary  of  each  school 
corporation,  at  least  ten  days  prior  to  the  date  of  such  conven- 
tion and  by  the  publication  of  such  notice  in  the  official  news- 
papers published  in  the  county.  The  county  auditor  shall  be 
the  secretary  of  such  convention  and  shall  call  same  to  order 
and  submit  a  list  of  the  school  corporations  entitled  to  partici- 
pate in  such  conventions.  Said  convention  shall  organize  by 
the  selection  of  a  chairman  and  when  so  organized,  shall  elect 
a  county  superintendent  of  schools,  who  shall  possess  the  quali- 
fications required  by  law  and  shall  hold  the  office  for  the  terr 
of  three  years  and  until  his  successor  is  elected  and  qualified. 
Such  convention  may  by  a  majority  vote  select  a  committee 
consisting  of  five  members  whose  duty  shall  be  to  investigate 
the  various  candidates  for  the  office  of  county  superintendent 
and  report  to  said  convention  at  a  subsequent  day  to  which  the 
convention  may  adjourn;  or  by  a  three-fourths  vote  of  such 
convention,  said  committee  may  be  authorized  to  elect  a  county 
superintendent  and  file  its  election  with  the  county  auditor,  and 
said  person  shall  be  deemed  duly  elected  to  such  office. 

There  shall  also  be  held  one  of  such  conventions  on  the  first 
Monday  of  April,  1919,  at  which  there  shall  be  elected  six  per- 
sons outside  the  membership  of  such  convention,  who  with  the 
county  superintendent,  ex  officio,  shall  constitute  the  county 
board  of  education.  Such  persons  shall  be  reputable  citizens  of 


8  PRIMARY    AND   GENERAL    ELECTION    LAWS 

the  county,  of  good  educational  qualifications  and  whose  term 
of  office  shall  begin  the  first  day  of  May,  1919,  and  continue 
until  their  successors  are  selected  and  qualified.  Three  of  whom 
shall  be  elected  for  the  term  of  two  years  and  three  for  the 
term  of  five  years,  and  thereafter  beginning  with  the  regular 
convention  in  1921,  three  members  shall  be  elected  every  three 
years  for  the  term  of  six  years,  and  until  their  successors  are 
selected  and  qualified.  All  persons  elected  or  appointed  on  said 
board  shall  qualify  on  or  before  ten  days  following  their  elec- 
tion or  appointment,  and  at  the  time  of  their  election  or  ap- 
pointment must  be  citizens  of  the  United  States,  over  twenty- 
one  years  of  age,  and  residents  of  the  state  for  a  period  of  six 
months,  and  the  county  sixty  days,  prior  to  their  election  or 
appointment,  and  the  members  of  said  board  may  be  of  either 
sex,  and  not  more  than  one  member,  other  than  the  county 
superintendent,  shall  be  from  the  same  school  corporation. 
Vacancies  in  said  board  to  be  filled  by  the  board  until  the  next 
regular  convention,  when  such  convention  shall  fill  all  vacan- 
cies, provided,  however,  if  the  members  of  said  board  be  re- 
duced below  a  quorum  a  convention  shall  be  called  as  provided 
by  law,  to  fill  vacancies.  A  majority  of  said  board  shall  con- 
stitute a  quorum  for  the  transaction  of  business.  The  mem- 
bers of  said  board  shall  take  an  oath  of  office  as  provided  by 
law  for  all  county  officers.  The  members  of  said  board,  except 
the  county  superintendent,  shall  serve  without  pay,  but  shall 
be  allowed  their  actual  necessary  expenses  in  performing  their 
duties  not  to  exceed  forty  dollars  each,  annually,  to  be  audited 
by  the  board  of  supervisors  and  paid  out  of  the  general  fund. 
Meetings  of  said  board  shall  be  held  on  the  second  Monday  of 
August  and  February  in  each  year  at  the  office  of  the  county 
superintendent,  and  other  meetings  on  call  of  the  county  super- 
intendent, or  on  written  request  of  any  three  members  filed 
with  the  county  superintendent.  Said  board  shall  perform  ar 
duties  prescribed  by  law  for  the  county  board  of  education,  and 
upon  all  matters  referred  to  them  by  him  shall  act  as  an  ad- 
visory board  to  the  county  superintendent,  and  shall  cooperate 
with  him  in  formulating  plans  and  regulations  for  the  advance- 
ment and  welfare  of  the  schools  under  his  supervision. 

A  majority  of  representatives  herein  provided  shall  consti- 
tute a  quorum,  such  representatives  to  receive  ten  cents  per 
mile  one  way  for  the  distance  necessarily  traveled  in  attending 


ELECTIONS    AND    OFFICERS  9 

such  convention,  to  be  paid  from  the  county  treasury.  [38  G. 
A.,  ch.  56,  §  2;  35  G.  A.,  ch.  107,  §  1;  34  G.  A.,  ch.  24,  §  1;  31 
G.  A.,  ch.  39 ;  23  G.  A.,  ch.  37,  §  2;  21  G.  A.,  ch.  73,  §  1 ;  C.  73, 
§  589;  R.,  §§  224,  472-3;  C.  '51,  §  96.] 

(Women  are  by  §  2748  made  eligible  to  school  offices  and  by  §  493  to 
the  office  of  county  recorder.) 

Sec.  411.  Members  of  county  board  of  supervisors — term 
of  office.  At  the  general  election  in  the  year  nineteen  hundred 
six  there  shall  be  elected  for  a  term  of  two  years,  members  of 
the  county  board  of  supervisors  to  succeed  those  whose  terms 
were  extended  one  year  by  the  biennial  election  amendment. 
At  the  general  election  in  the  year  nineteen  hundred  six,  and 
biennially  thereafter,  there  shall  be  elected  members  of  the 
board  of  supervisors  for  a  term  of  three  years  to  succeed  those 
whose  terms  of  office  will  expire  on  the  second  secular  day  in 
January  following  said  election;  there  shall  also  be  elected 
members  for  a  term  of  three  years  to  succeed  those  whose 
terms  will  expire  on  the  second  secular  day  in  January  one 
year  later  than  the  aforesaid  date.  It  shall  be  specified  on 
the  ballot  when  each  shall  begin  his  term  of  office.  No  mem- 
ber shall  be  elected  who  is  a  resident  of  the  same  township 
with  either  of  the  members  holding  over  (but  a  member-elect 
may  be  a  resident  of  the  same  township  as  the  member  he  is 
elected  to  succeed) ,  except  that,  in  counties  having  five  or  seven 
supervisors,  and  having  therein  a  township  embracing  an  en- 
tire city  of  thirty-five  thousand  inhabitants  or  over,  he  may  be 
a  resident  of  the  same  township;  and  in  no  case  shall  there 
be  more  than  two  supervisors  from  such  township.  [36  G.  A., 
ch.  175,  §  1 ;  31  G.  A.,  ch.  12,  §  2;  C.  73,  §  295.] 

Sec.  1074.    Township    trustees — election — term.      At    the 

general  election  in  the  year  nineteen  hundred  eighteen,  there 
shall  be  elected  in  each  township  one  trustee  whose  term  of 
office  shall  be  for  a  period  of  two  years,  and  one  trustee  whose 
term  of  office  shall  be  for  a  period  of  three  years,  and  one 
trustee  whose  term  of  office  shall  be  for  a  period  of  four  years. 

At  the  general  election  in  the  year  nineteen  hundred  twenty, 
and  biennially  thereafter,  there  shall  be  elected  a  township 
trustee  for  a  term  of  three  years  to  succeed  the  one  whose 
term  will  expire  on  the  second  secular  day  in  January  follow- 
ing said  election :  there  shall  also  be  elected  a  township  trustee 
for  a  term  of  three  years  to  succeed  the  one  whose  term 


10  PRIMARY    AND    GENERAL    ELECTION    LAWS 

expires  on  the  second  secular  day  of  January  one  year  later 
than  the  aforesaid  date.  It  shall  be  specified  on  the  ballot  when 
each  shall  begin  his  term.  [37  G.  A.,  ch.  204;  31  G.  A.,  ch.  37, 
§  2;  17  G.  A.,  ch.  12,  §§  1,  2;  C.  73,  §  591;  R.,  §  475.] 

Sec.  1073.  Justices  and  constables.  In  all  townships,  ex- 
cept such  as  are  included  in  the  territorial  limits  of  municipal 
courts,  there  shall  be  elected  by  the  voters  at  the  general  elec- 
tion, two  justices  of  the  peace  and  two  constables,  who  shall 
hold  office  two  years  and  be  county  officers.  [36  G.  A.,  ch.  106, 
§  51 ;  25  G.  A.,  ch.  74,  §  4;  C.  73,  §§  389,  590,  592-3 ;  R.,  §§  443, 
726,  474,  477-8;  C.  '51,  §  221,  243.] 

Sec.  1075.  Township  clerk — assessor.  At  the  general  elec- 
tion in  each  even-numbered  year,  there  shall  be  elected  in 
each  civil  township  one  township  clerk,  and,  where  not  other- 
wise provided,  one  assessor,  to  be  elected  by  the  voters  of  such 
district,  who  shall  hold  their  offices  for  the  term  of  two  years. 
[29  G.  A.,  ch.  53,  §  1;  18  G.  A.,  ch.  161,  §  1;  C.  73,  §  591; 
R,  §  475.] 

The  offices  of  township  trustee  and  clerk  are  abolished  in  some  cases 
where  the  township  constitutes  a  city  or  town.  See  §§  560,  562. 

As  to  method  of  voting  for  assessor,  see  §  1130. 

Sec.  1074-a.     In  new  townships — special  election.     At  any 

time  when  a  new  township  has  been  created  in  a  year  in  which 
no  general  election  is  held  by  law,  the  county  board  of  super- 
visors of  the  county  affected  shall  call  a  special  election  for 
the  election  of  three  trustees  and  other  township  officers  of 
the  new  township,  which  officers  shall  continue  in  office  until 
their  successors  are  elected  and  qualified.  [32  G.  A.,  ch.  49.] 

Sec.  565.  Assessor  where  city  included.  In  each  even- 
numbered  year  there  shall  be  elected  in  each  township,  a  part 
of  which  is  included  within  the  corporate  limits  of  any  city  or 
town,  by  the  voters  of  such  township  residing  without  the  cor- 
porate limits  of  such  city  or  town,  one  assessor  who  shall  be  a 
resident  of  said  territory  outside  of  said  city  or  town.  [33  G. 
A.,  ch.  37;  19  G.  A.,  ch.  110;  18  G.  A.,  ch.  201,  §  1;  16  G.  A., 
ch.  6;C.  73,  §390.] 


ELECTIONS    AND    OFFICERS  11 

DIVISION  II. 
ELECTIONS  AND  OFFICERS:  CITIES  AND  TOWNS. 

Section  642.  Regular  elections.  The  regular  municipal  elec- 
tions in  cities  and  towns  shall  be  held  annually  or  biennially, 
as  hereafter  provided,  on  the  last  Monday  in  March.  The 
voting  places  shall  be  fixed  by  the  council,  one  polling  place  for 
each  precinct,  and  the  election  shall  be  conducted  in  the  man- 
ner provided  by  law  for  general  elections.  Each  qualified  elec- 
tor may  vote  thereat  who  is  a  resident  of  the  city  or  town,  and, 
at  the  time,  has  been  ten  days  a  resident  of  the  precinct  in 
which  he  offers  to  vote.  [23  G.  A.,  ch.  1,  §  5;  C.  73,  §  501.] 

For  date  of  municipal  primary  elections,  see  §  1087-a34,  post. 

Sec.  643.  Officers  to  be  residents.  Every  mayor,  council- 
man-at-large,  town  councilman  and  officer  elected  by  the  whole 
electorate  of  the  city  or  town,  or  by  its  council,  or  appointed 
by  the  council,  mayor  or  other  officer  of  any  city  or  town, 
shall  be  a  resident  and  qualified  elector  of  the  city  in  which  he 
shall  be  elected,  and  shall  reside  within  the  limits  of  said  city 
during  his  term  of  office.  [21  G.  A.,  ch.  141,  §  1 ;  19  G.  A.,  ch. 
25;  17  G.  A.,  chs.  9,  14;  16  G.  A.,  ch.  58;  C.  '73,  §§  511,  518, 
521  ;R.,  §§1091, 1093.] 

Sec.  644.  Qualifications  of  officers.  Every  councilman  and 
other  officer  elected  by  any  ward  or  district  of  any  city  or 
town  shall  be  a  qualified  elector  of  said  city  or  town,  residing 
within  the  limits  of  the  ward  or  district  in  which  he  shall  be 
elected,  and  shall  reside  within  the  limits  of  said  ward  or  dis- 
trict during  the  term  of  his  office.  [19  G.  A.,  ch.  25 ;  17  G.  A., 
ch.  14;  C.  '73,  §  521;  R.,  §  1093.] 

Sec.  645.  Council — how  composed.  City  and  town  coun- 
cils shall  be  composed  as  follows :  In  cities,  two  councilmen  at 
large  and  one  councilman  from  each  ward ;  in  towns,  five  coun- 
cilmen at  large.  [32  G.  A.,  ch.  26,  §  2 ;  29  G.  A.,  ch.  29,  §  2 ; 
19  G.  A.,  ch.  25;  18  G.  A.,  ch.  120;  17  G.  A.,  chs.  9,  14;  C.  '73, 
§§  511,  521,  531;  R.,  §§  1081,  1093.] 

Sec.  646.     Election  of  councilmen — terms  of  office.    On  the 

organization  of  a  city  or  town  or  on  its  reorganization  after 
the  change  of  its  class,  or  at  the  first  regular  municipal  elec- 
tion hereafter,  a  council  shall  be  elected  as  follows,  except  that 
in  those  cities  of  the  second  class  that  elect  a  mayor  in  odd- 


12  PRIMARY.  AND    GENERAL    ELECTION    LAWS 

numbered  years,  the  term  of  those  councilmen  and  officers  ex- 
piring in  nineteen  hundred  and  eight  is  extended  one  year ;  in 
those  cities  of  the  second  class  that  elect  a  mayor  in  even-num- 
bered years,  the  term  of  those  councilmen  and  officers  expir- 
ing in  nineteen  hundred  and  nine  is  extended  one  year ;  and  at 
the  municipal  election  at  which  a  mayor  is  elected  in  nineteen 
hundred  and  nine  or  nineteen  hundred  ten,  as  the  case  may  be, 
the  council  shall  be  elected  in  accordance  with  the  provisions 
of  this  act:  By  the  election  of  two  councilmen  at  large,  but 
if  any  city  embraces  within  its  limits  the  whole  or  part  of  two 
or  more  townships,  two  of  which  contain  one  thousand  or  more 
electors,  only  one  of  the  councilmen  at  large  shall  be  chosen 
from  any  one  township.  There  shall  also  be  elected  at  the 
same  time  one  councilman  from  each  ward,  who  shall  be  chosen 
by  the  electors  residing  within  the  limits  thereof.  Thereafter, 
the  successors  of  such  councilmen  at  large  and  ward  council- 
men  and  officers  shall  be  chosen  at  the  regular  biennial  elec- 
tions and  shall  hold  office  for  two  years.  In  towns  in  which  a 
mayor  is  elected  in  the  even-numbered  years  the  officers  and 
councilmen  shall  be  elected  under  the  provisions  of  this  act  in 
the  year  nineteen  hundred  ten,  and  the  councilmen  and  officers 
to  be  elected  in  nineteen  hundred  and  eight  shall  be  elected  for 
a  term  of  two  years,  and  the  term  of  councilmen  and  officers 
whose  terms  expire  in  nineteen  hundred  and  nine  shall  be  ex- 
tended one  year.  In  towns  in  which  a  mayor  is  elected  in  odd- 
numbered  years  the  officers  and  councilmen  shall  be  elected 
under  the  provisions  of  this  act  in  nineteen  hundred  eleven,  and 
the  councilmen  and  officers  to  be  elected  in  nineteen  hundred 
and  eight  shall  be  elected  for  a  term  of  three  years.  The  coun- 
cilmen and  officers  to  be  elected  in  nineteen  hundred  and  nine 
shall  be  elected  for  two  years,  and  the  term  of  councilmen  and 
officers  whose  term  expires  in  nineteen  hundred  ten  shall  be 
extended  one  year.  All  town  officers1  elected  in  nineteen  hun- 
dred ten  or  nineteen  hundred  eleven,  as  the  case  may  be,  and 
thereafter  under  the  provisions  of  this  act,  shall  be  elected  for 
the  term  of  two  years.  [32  G.  A.,  ch.  26,  §  3 ;  19  G.  A.,  ch.  25 ; 
17  G.  A.,  chs.  9,  14;  C.  73,  §§  511,  521;  R.,  §  1093.] 

Sec.  647.     Elective  officers  in  cities  of  first  class.     In  all 

cities  of  the  first  class  there  shall  be  elected  biennially  a  mayor, 
solicitor,  treasurer,  auditor,  city  engineer,  assessor,  and  in 


[1"offlces"  in  session  laws.] 


ELECTIONS    AND    OFFICERS  13 

cities  where  there  is  no  superior  court,  a  police  judge.  [32  G. 
A.,  ch.  26,  §  4;  19  G.  A.,  ch.  110;  18  G.  A.,  ch.  201,  §  1;  17  G. 
A.,  ch.  20;  16  G.  A.,  chs.  6,  33;  C.  73,  §§  390,  535;  R.,  §  1106.] 

Sec.  648.  Elective  officers  in  cities  of  second  class.  In  cities 
of  the  second  class  there  shall  be  elected  biennially  a  mayor, 
treasurer  and  assessor.  [35  G.  A.,  ch.  54,  §  1 ;  32  G.  A.,  ch.  26, 
§  5 ;  21  G.  A.,  ch.  141 ;  19  G.  A.,  ch.  110 ;  16  G.  A.;  ch.  6 ;  C.  73, 
§§  390,  517,  532;  R.,  §§  1090,  1103.] 

Sec.  649.  Elective  officers  in  towns.  In  towns  there  shall 
be  elected,  biennially,  a  mayor,  treasurer  and  assessor.  [32  G. 
A.,  ch.  26,  §  6 ;  19  G.  A.,  ch.  110 ;  17  G.  A.,  ch.  9 ;  16  G.  A., 
ch.  6;  C.  73,  §§  390,  511,  514;  R.,  §§  1081,  1084.] 

Sec.  650.  Terms  of  office — assessor.  Each  officer  named 
in  this  chapter  shall  hold  his  office  until  his  successor  is 
elected  and  qualified ;  but  the  term  of  office  of  the  assessor  shall 
commence  on  the  first  day  of  January,  next  ensuing  his  elec- 
tion. [19  G.  A.,  ch.  110;  18  G.  A.,  ch.  201,  §  1;  16  G.  A., 
chs.  3,  33 ;  C.  73,  §  390.] 


DIVISION  III. 

ELECTIONS  AND  OFFICERS:  CITIES  UNDER  SPECIAL 

CHARTER. 

Section  936.  Elections.  All  elections  held  in  such  cities 
shall  be  governed  by  the  general  election  laws. 

Sec.  937.  Council — vacancies.  In'  any  such  city  having  a 
population  of  twenty  thousand  or  more,  as  shown  by  the  last 
state  or  national  census,  the  council  shall  consist  of  two  alder- 
men at  large,  and  one  alderman  from  each  ward.  At  the  first 
annual  city  election  after  the  taking  effect  of  this  code,  there 
shall  be  elected  two  aldermen  at  large,  and  one  alderman  from 
each  ward.  Thereafter  the  successors  of  such  aldermen  shall 
be  elected  biennially.  The  aldermen  in  office  at  the  time  of 
taking  effect  of  this  code  shall  continue  in  office  only  until  the 
election  and  qualification  of  the  aldermen  herein  provided  for. 
The  mayor  shall  be  the  presiding  officer  of  the  council,  with  the 
right  to  vote  only  in  case  of  a  tie.  Vacancies,  now  existing  or 
hereafter  occurring,  in  the  office  of  alderman,  shall  be  filled  by 
special  election,  unless  such  vacancy  shall  have  occurred  less 


14  PRIMARY    AND   GEfNERAL    ELECTION    LAWS 

than  sixty  days  prior  to  a  regular  city  election.  Such  special 
election  shall  be  called  by  a  proclamation  of  the  mayor,  giving 
at  least  ten  days*  notice  of  such  election,  designating  the  time 
and  polling  places  therefor  and  the  vacancy  to  be  filled  thereat. 
Notice  of  such  election  shall  be  published  in  at  least  one  news- 
paper printed  and  published  in  said  city  and  in  two,  if  there  be 
such  number,  for  a  period  of  ten  days  prior  to  such  election. 
Notice  of  such  election  shall  be  posted  at  or  near  the  polling 
places  designated  for  said  election  for  a  similar  length  of  time. 
The  election  board  at  any  such  special  election  shall  be  the 
same  as  at  the  last  preceding  city  election.  In  case  of  vacan- 
cies happening  therein  the  mayor  shall  make  appointments 
to  fill  the  same,  such  appointee  to  be  a  member  of  the  same 
political  party  or  organization  as  the  member  filling  such  posi- 
tion before  the  vacancy.  (The  city  clerk  shall,  on  notice  from 
the  mayor  cause  ballots  to  be  prepared  for  such  election  as 
provided  by  law;  or,  in  the  event  of  his  refusal  or  inability  to 
act,  the  mayor  shall  cause  such  ballots  to  be  prepared.)  Nom- 
inations of  candidates  for  such  vacant  office  may  be  made  by 
caucus  or  convention,  as  provided  in  section  one  thousand  nine- 
ty-eight of  the  code;  or,  in  the  event  such  nomination  be  not 
made  by  such  caucus  or  convention,  within  five  days  prior  to 
the  day  fixed  for  holding  such  election,  then  the  regular  execu- 
tive or  city  central  committee,  of  any  party  qualified  to  nomi- 
nate by  caucus  or  convention,  may  make  such  nomination.  [38 
G.  A.,  ch.  185,  §  1 ;  36  G.  A.,  ch.  2,  §  1 ;  35  G.  A.,  ch.  94,  §  1.] 

Sec.  937-a.     Vacancies — when    filled    by    council.      In    the 

event  that  such  vacancy  shall  have  occurred  less  than  sixty 
days  prior  to  a  regular  city  election,  then  the  vacancy  so  exist- 
ing shall  be  filled  by  a  majority  vote,  of  the  remaining  aldermen 
of  the  city  council.  [36  G.  A.,  ch.  2,  §  2.] 

Sec.  937-b.  Conflicting  acts  repealed.  That  all  acts  or  parts 
of  acts  in  so  far  as  in  conflict  herewith  be  and  the  same  are 
hereby  repealed.  [36  G.  A.,  ch.  2,  §  3.] 

Sec.  938.  Marshal — policemen.  Cities  under  special  char- 
ter shall  have  power  to  provide  by  ordinance  for  the  appoint- 
ment of  a  marshal  by  the  mayor,  or  for  his  election  by  the 
electors  thereof,  or  may  dispense  with  such  officer,  and  confer 
his  duties  upon  any  other  officer.  All  policemen  shall  be  ap- 
pointed and  may  be  removed  by  the  mayor.  [22  G.  A.,  ch.  23, 
§l;18G.A.,ch.24,  §  1.] 


ELECTIONS    AND    OFFICERS  15 

Sec.  939.  Assessors.  They  shall  provide  by  ordinance  for 
the  election  of  one  or  more  assessors,  who  shall  discharge  the 
duties  usually  performed  by  township  assessors,  so  far  as  ap- 
plicable, and  such  as  may  be  required  by  ordinance.  [22  G.  A., 
ch.  27;  21  G.  A.,  ch.  93,  §  3 ;  16  G.  A.,  ch.  90,  §1.] 

Sec.  940.  Other  officers  elected — terms.  They  may  provide 
by  ordinance  for  the  election,  by  the  electors,  of  a  marshal,  re- 
corder or  clerk,  treasurer,  collector,  auditor,  attorney,  and  en- 
gineer; and  all  elective  officers  hereafter  elected  shall  hold 
office  for  the  term  of  two  years,  and  until  their  successors  are 
elected  and  qualified,  and,  when  appointed,  for  such  time  as 
may  be  fixed  by  ordinance,  not  exceeding  two  years.  [22  G.  A., 
ch.  27;21G.  A.,  ch.  93,  §3.] 

Sec.  991.  Park  commissioners — election— ordinance  sub- 
mitted— terms.  There  shall  be  elected  at  the  regular  municipal 
election  in  each  city  acting  under  special  charter,  and  contain- 
ing a  population  of  forty  thousand  or  over,  and  all  other  special 
charter  cities  may  by  ordinance  provide  for  the  election  of 
three  park  commissioners  whose  terms  of  office  shall  be  six 
years,  one  to  be  elected  at  each  regular  municipal  election.  At 
the  first  regular  municipal  election  after  the  passage  hereof, 
three  commissioners  shall  be  elected,  and  shall  hold  their  office 
respectively  for  two,  four  and  six  years,  their  respective  terms 
to  be  decided  by  lot,  and  their  successor  shall  be  elected  for  the 
full  term  of  six  years ;  provided,  however,  that  in  all  such  cities 
under  special  charter,  and  containing  a  population  of  less  than 
forty  thousand,  not  now  having  park  commissioners,  the  ordi- 
nance establishing  such  park  commissioners  shall  not  be  in 
force  until  it  has  been  submitted  to  the  voters  at  a  special  or 
regular  municipal  election,  and  approved  by  a  majority  of  the 
votes  cast  at  such  election;  and  provided  further,  that  in  all 
such  cities  under  special  charter  containing  a  population  of 
forty  thousand  or  over,  in  which  there  already  exists  a  board 
of  three  park  commissioners  whose  term  of  office  is  six  years, 
and  one  of  the  members  of  which  board  is  elected  every  two 
years  at  each  regular  municipal  election,  the  three  commis- 
sioners at  present  holding  the  office  of  park  commissioners  in 
such  cities  are  hereby  made  the  commissioners  in  such  city  in 
accordance  with  the  provisions  of  this  act,  and  they  and  their 
successors  shall  have  and  exercise  all  the  powers  and  duties  of 
park  commissioners  within  the  .pro visions,  of  this  act..  [34  G. 
A.,  ch.  46,  §§  1/2;  20  G.  A.,  ch.  151,  §§  1,  2:] 


16  PRIMARY    AND   GENERAL    ELECTION    LAWS 

DIVISION  IV. 

ELECTIONS  AND  OFFICERS:  CITIES  UNDER  COMMIS- 
SION FORM  OF  GOVERNMENT. 

Section  1056-a20.  Elective  officers — vacancies — terms  of 
office.  In  every  city  having  a  population  of  twenty -five  thou- 
sand and  over  there  shall  be  elected  at  the  regular  biennial 
municipal  election  a  mayor  and  four  councilmen,  and  in  every 
city  having  a  population  of  two  thousand  and  less  than  twenty- 
five  thousand,  there  shall  be  elected  at  such  election  a  mayor 
and  two  councilmen.  If  any  vacancy  occurs  in  any  such  office 
the  remaining  members  of  said  council  shall  appoint  a  person  to 
fill  such  vacancy  during  the  balance  of  the  unexpired  term. 
Said  officers  shall  be  nominated  and  elected  at  large.  Said 
officers  shall  qualify  and  their  terms  of  office  shall  begin  on  the 
first  Monday  after  their  election.  The  terms  of  office  of  the 
mayor  and  councilmen  or  aldermen  in  such  city  in  office  at  the 
beginning  of  the  terms  of  office  of  the  mayor  and  councilmen 
first  elected  under  the  provisions  of  this  act  shall  then  cease 
and  determine,  and  the  terms  of  office  of  all  other  appointive 
officers  in  force  in  such  city,  except  as  hereinafter  provided, 
shall  cease  and  determine  as  soon  as  the  council  shall  by  resolu- 
tion declare.  [35  G.  A.,  ch.  102,  §  1 ;  33  G.  A.,  ch.  64,  §  4 ;  32 
G.  A.,  ch.  48,  §  4.] 

Sec.  1056-a21.  Candidates — how  nominated — primary  elec- 
tion— ballot— canvass  of  vote — result  published — municipal 
election.  Candidates  to  be  voted  for  at  all  general  municipal 
elections  at  which  a  mayor  and  councilmen  are  to  be  elected 
under  the  provisions  of  this  act  shall  be  nominated  by  a  pri- 
mary election,  and  no  other  names  shall  be  placed  upon  the  gen- 
eral ballot  except  those  selected  in  the  manner  hereinafter 
prescribed.  The  primary  election  for  such  nomination  shall 
be  held  on  the  second  Monday  preceding  the  general  municipal 
'election.  The  judges  of  election  appointed  for  the  general  mu- 
nipical  election  shall  be  the  judges  of  the  primary  election,  and 
it  shall  be  held  at  the  same  place,  so  far  as  possible,  and  the 
polls  shall  be  opened  and  closed  at  the  same  hours,  with  the 
same  clerks  as  are  required  for  said  general  municipal  election. 
Any  person  desiring  to  become  a  candidate  for  mayor  or  coun- 
cilman shall,  at  least  ten  days  prior  to  said  primary  -election. 


ELECTIONS    AND    OFFICERS  17 

file  with  the  said  clerk  a  statement  of  such  candidacy,  in  sub- 
stantially the  following  form : 

STATE  OF  IOWA,  ] 

Us: 
County,  J 

I  ( )  being  first  duly  sworn,  say  that  I 

reside  at street,  city  of 

county  of state  of  Iowa;  that  I  am  a 

qualified  voter  therein ;  that  I  am  a  candidate  for  nomination 
to  the  office  of  (mayor  or  councilman)  to  be  voted  upon  at  the 

primary  election  to  be  held  on  the Monday  of 

19 and  I  hereby  request  that  my  name  be  printed  upon 

the  official  primary  ballot  for  nomination  by  such  primary  elec- 
tion for  such  office. 

(Signed) 

Subscribed  and  sworn  to  (or  affirmed)  before  me  by 

on  this day  of 19 

(Signed) 


and  shall  at  the  same  time  file  therewith  the  petition  of  at 
least  twenty-five  qualified  voters  requesting  such  candidacy. 
Each  petition  shall  be  verified  by  one  or  more  persons  as  to 
the  qualifications  and  residence,  with  street  number,  of  each  of 
the  persons  so  signing  the  said  petition,  and  the  said  petition 
shall  be  in  substantially  the  following  form : 

PETITION  ACCOMPANYING  NOMINATING  STATEMENT. 

The  undersigned,  duly  qualified  electors  of  the  city  of 

and  residing  at  the  places  set  opposite  our 

respective  names  hereto,  do  hereby  request  that  the  name  of 
(name  of  candidate)  be  placed  on  the  ballot  as  a  candidate  for 
nomination  for  (name  of  office)  at  the  primary  election  to  be 

held  in  such  city  on  the Monday  of 

19.........    We  further  state  that  we  know  him  to  be  a  qualified 

elector  of  said  city  and  a  man  of  good  moral  character  and 
qualified  in  our  judgment  for  the  duties  of  such  office. 

Name  of  qualified  electors.  Number.  Street. 

Immediately  upon  the  expiration  of  the  time  of  filing  the 
statements  and  petitions  for  candidacies,  the  said  city  clerk 
shall  cause  to  be  published  for  three  successive  days  in  all  the 


18  PRIMARY    AND   GENERAL    ELECTION    LAWS 

daily  newspapers  published  in  the  city,  in  proper  form,  the 
names  of  the  persons  as  they  are  to  appear  upon  the  primary 
ballot,  and  if  there  be  no  daily  newspaper,  then  in  two  issues 
of  any  other  newspapers  that  may  be  published  in  said  city; 
and  the  said  clerk  shall  thereupon  cause  the  primary  ballots  to 
be  printed,  authenticated  with  a  facsimile  of  his  signature. 
Upon  the  said  ballot  the  names  of  the  candidates  for  mayor, 
arranged  alphabetically,  shall  first  be  placed,  with  a  square  at 
the  left  of  each  name,  and  immediately  below  the  words,  "Vote 
for  one."  Following  these  names,  likewise  arranged  in  alpha- 
betical order,  shall  appear  the  names  of  the  candidates  for 
councilmen,  with  a  square  at  the  left  of  each  name,  and  below 
the  names  of  such  candidates  shall  appear  the  words  "Vote  for 
four,"  or  "Vote  for  two"  as  the  case  may  be.  The  ballots  shall 
be  printed  upon  plain,  substantial  white  paper,  and  shall  be 
headed : 

CANDIDATES  FOR  NOMINATION  FOR  MAYOR  AND  COUNCILMEN  OF 
CITY  AT  THE  PRIMARY  ELECTION. 

but  shall  have  no  party  designation  or  mark  whatever.  The 
ballots  shall  be  in  substantially  the  following  form : 

(Place  a  cross  in  the  square  preceding  the  names  of  the 
parties  you  favor  as  candidates  for  the  respective  positions.) 

OFFICIAL  PRIMARY  BALLOT. 

CANDIDATES  FOR  NOMINATION  FOR  MAYOR  AND  COUNCILMEN  OF 
CITY  AT  THE  PRIMARY  ELECTION. 

For  Mayor 

n  (Name  of  candidate) 
(Vote  for  one) 
For  Councilman 
G  (Name  of  candidate) 

(Vote  for  four)  or  (Vote  for  two) 
as  the  case  may  be. 

Official  ballot  attest 
(Signature) 


City  Clerk. 

Having  caused  said  ballots  to  be  printed,  the  said  city  clerk 
shall  cause  to  be  delivered  at  each  polling  place  a  number  of 
said  ballots  equal  to  twice  the  number  of  votes  cast  in  such 
polling  precinct  at  the  last  general  municipal  election  for 
mayor.  The  persons  who  are  qualified  to  vote  at  the  general 


ELECTIONS    AND    OFFICERS  19 

municipal  election  shall  be  qualified  to  vote  at  such  primary 
election,  and  challenges  can  be  made  by  not  more  than  two 
persons,  to  be  appointed  at  the  time  of  opening  the  polls  by 
the  judges  of  election;  and  the  law  applicable  to  challenges  at 
a  general  municipal  election  shall  be  applicable  to  challenges 
made  at  such  primary  election.  Judges  of  election  shall,  imme- 
diately upon  the  closing  of  the  polls,  count  the  ballots  and  ascer- 
tain the  number  of  votes  cast  in  such  precinct  for  each  of  the 
candidates,  and  make  return  thereof  to  the  city  clerk,  upon 
proper  blanks  to  be  furnished  by  the  said  clerk,  within  six 
hours  of  the  closing  of  the  polls.  On  the  day  following  the  said 
primary  election,  the  said  city  clerk  shall  canvass  said  returns 
so  received  from  all  the  polling  precincts,  and  shall  make  and 
publish  in  all  the  newspapers  of  said  city,  at  least  once,  the 
result  thereof.  Said  canvass  by  the  city  clerk  shall  be  publicly 
made.  The  two  candidates  receiving  the  highest  number  of 
votes  for  mayor  shall  be  the  candidates,  and  the  only  candi- 
dates, whose  names  shall  be  placed  upon  the  ballot  for  mayor 
at  the  next  succeeding  general  municipal  election;  and  in 
cities  having  a  population  of  twenty-five  thousand  and  over, 
the  eight  candidates  receiving  the  highest  number  of  votes  for 
councilman,  or  all  such  candidates  if  less  than  eight,  and  in 
cities  having  a  population  of  two  thousand  and  less  than 
twenty-five  thousand,  the  four  candidates  receiving  the  high- 
est number  of  votes  for  councilman,  or  all  such  candidates  if 
less  than  four,  shall  be  the  candidates,  and  the  only  candidates, 
whose  names  shall  be  placed  upon  the  ballot  for  councilman  at 
such  municipal  election.  All  electors  of  cities  under  this  act 
who  by  the  laws  governing  cities  of  the  first  and  second  class 
and  cities  acting  under  special  charter  would  be  entitled  to  vote 
for  the  election  of  officers  at  any  general  municipal  election  in 
such  cities,  shall  be  qualified  to  vote  at  all  elections  under  this 
act;  and  the  ballot  at  such  general  municipal  election  shall  be 
in  the  same  general  form  as  for  such  primary  election,  so  far  as 
applicable;  and  in  all  elections  in  such  city,  the  election  pre- 
cinct, voting  places,  method  of  conducting  election,  canvassing 
the  vote  and  announcing  the  results  shall  be  the  same  as  by 
law  provided  for  election  of  officers  in  such  cities,  so  far  as  the 
same  are  applicable  and  not  inconsistent  with  the  provisions  of 
this  act.  [35  G.  A.,  ch.  102,  §  1 ;  33  G.  A.,  ch.  64,  §  5 ;  32  G.  A., 
ch.  48,  §  5.] 


20  PRIMARY    AND    GENERAL    ELECTION    LAWS 

Sec.  1056-a22.  Services  for  hire — penalty.  Any  person 
who  shall  agree  to  perform  any  services  in  the  interest  of  any 
candidate  for  any  office  provided  in  this  act,  in  consideration 
of  any  money  or  other  valuable  thing  for  such  services  per- 
formed in  the  interest  of  any  candidate,  shall  be  punished  by 
a  fine  not  exceeding  three  hundred  dollars,  or  be  imprisoned  in 
the  county  jail  not  exceeding  thirty  days.  [32  G.  A.,  ch.  48, 
§  5-a.] 

Sec.  1056-a23.     Bribery  and  illegal  voting — penalty.     Any 

person  offering  to  give  a  bribe,  either  in  money  or  other  con- 
sideration, to  any  elector  for  the  purpose  of  influencing  his 
vote  at  any  election  provided  in  this  act,  or  any  elector  entitled 
to  vote  at  any  such  election  receiving  and  accepting  such  bribe 
or  other  consideration ;  any  person  making  false  answer  to  any 
of  the  provisions  of  this  act  relative  to  his  qualifications  to  vote 
at  said  election ;  any  person  wilfully  voting  or  offering  to  vote 
at  such  election  who  has  not  been  a  resident  of  this  state  for 
six  months  next  preceding  said  election,  or  who  is  not  twenty- 
one  years  of  age,  or  is  not  a  citizen  of  the  United  States,  or 
knowing  himself  not  to  be  a  qualified  elector  of  such  precinct 
where  he  offers  to  vote ;  any  person  knowingly  procuring,  aid- 
ing or  abetting  any  violation  hereof  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  fined  a  sum  not  less 
than  one  hundred  dollars,  nor  more  than  five  hundred  dollars, 
and  be  imprisoned  in  the  county  jail  not  less  than  ten  nor  more 
than  ninety  days.  [32  G.  A.,  ch.  48,  §  5-b.] 

Sec.   1056-a31.     Officers  ,  and  employes — what   prohibited.* 

Any  officer  or  employe  of  such  city  who,  by  solicitation  or 
otherwise,  shall  exert  his  influence  directly  or  indirectly  to 
influence  other  officers  or  employes  of  such  city  to  adopt  his 
political  views  or  to  favor  any  particular  person  or  candidate 
for  office,  or  who  shall  in  any  manner  contribute  money,  labor, 
or  other  valuable  thing  to  any  person  for  election  purposes, 
shall  be  guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
punished  by  a  fine  not  exceeding  three  hundred  dollars  or  by 
imprisonment  in  the  county  jail  not  exceeding  thirty  days. 
[32  G.  A.,  ch.  48,  §  13.] 

Sec.  1056-a32.  Civil  service  commissioners — duties — pow- 
ers of  council.* 


*Poftions  of  this  section,   not  applicable  to  elections,  are  omitted. 


ELECTIONS    AND    OFFICERS  21 

(dl)  Campaign  contributions  prohibited  —  penalty.  No 
member  of  the  fire  or  police  department  in  any  such  city  shall 
directly  or  indirectly  contribute  any  money  or  anything  of 
value  to  any  candidate  for  nomination  or  election  to  any  office 
or  to  any  campaign  or  political  committee.  Any  person  violat- 
ing any  of  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor  and  upon  conviction  shall  pay  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  one  hundred  dol- 
lars, or  be  imprisoned  in  the  county  jail  not  to  exceed  thirty 
days.  [34  G.  A.,  ch.  54,  §  5.]  ( 

(f )  Officers  and  employes  affected.*  It  shall  be  unlawful 
for  any  candidate  for  office,  or  any  officer  in  any  such  city, 
directly  or  indirectly,  to  give  or  promise  any  person  or  persons 
any  office,  position,  employment,  benefit,  or  anything  of  value, 
for  the  purpose  of  influencing  or  obtaining  the  political  sup- 
port, aid  or  vote  of  any  person  or  persons.  Every  elective 
officer  in  any  such  city  shall,  within  thirty  days  after  qualify- 
ing, file  with  the  city  clerk,  and  publish  at  least  once  in  a  daily 
newspaper  of  general  circulation,  his  sworn  statement  of  all 
his  election  and  campaign  expenses,  and  by  whom  such  funds 
were  contributed.  Any  violation  of  the  provisions  of  this  sec- 
tion shall  be  a  misdemeanor  and  be  a  ground  for  removal  from 
office.  [35  G.  A.,  ch.  102,  §  1 ;  33  G.  A.,  ch.  64,  §  10 ;  32  G.  A., 
ch.  48,  §  14.] 

Sec.  1056-a36.  Removal  of  elective  officers — procedure — 
statement  of  candidacy — election  of  successors.  The  holder 
of  any  elective  office  may  be  removed  at  any  time  by  the  elec- 
tors qualified  to  vote  for  a  successor  of  such  incumbent.  The 
procedure  to  effect  the  removal  of  an  incumbent  of  an  elective 
office  shall  be  as  follows :  A  petition  signed  by  electors  en- 
titled to  vote  for  a  successor  to  the  incumbent  sought  to  be 
removed,  equal  in  number  to  at  least. twenty-five  per  centum 
of  the  entire  vote  for  all  candidates  for  the  office  of  mayor  cast 
at  the  last  preceding  general  municipal  election,  demanding  an 
election  of  a  successor  of  the  person  sought  to  be  removed, 
shall  be  filed  with  the  city  clerk,  which  petition  shall  contain 
a  general  statement  of  the  grounds  for  which  the  removal  is 
sought.  The  signatures  to  the  petition  need  not  all  be  appended 
to  one  paper,  but  each  signer  shall  add  to  his  signature  his 
place  of  residence,  giving  the  street  and  number.  One  of  the 


*Portions  of  this  section,  not  applicable  to  elections,  are  omitted. 


22  PRIMARY    AND   GEfNBRAL    ELECTION    LAWS 

signers  of  each  such  paper  shall  make  oath  before  an  officer 
competent  to  administer  oaths  that  the  statements  therein 
made  are  true  as  he  believes,  and  that  each  signature  to  the 
paper  appended  is  the  genuine  signature  of  the  person  whose 
name  it  purports  to  be.  Within  ten  days  from  the  date  of 
filing  such  petition  the  city  clerk  shall  examine  and  from  the 
voters*  register  ascertain  whether  or  not  said  petition  is  signed 
by  the  requisite  number  of  qualified  electors,  and,  if  necessary, 
the  council  shall  allow  him  extra  help  for  that  purpose;  and 
he  shall  attach  to  said  petition  his  certificate,  showing  the 
result  of  said  examination.  If  by  the  clerk's  certificate  the 
petition  is  shown  to  be  insufficient,  it  may  be  amended  within 
ten  days  from  the  date  of  said  certificate.  The  clerk  shall, 
within  ten  days  after  such  amendment,  make  like  examina- 
tion of  the  amended  petition,  and  if  his  certificate  shall  show 
the  same  to  be  insufficient,  it  shall  be  returned  to  the  person 
filing  the  same;  without  prejudice,  however,  to  the  filing  of  a 
new  petition  to  the  same  effect.  If  the  petition  shall  be  deemed 
to  be  sufficient,  the  clerk  shall  submit  the  same  to  the  council 
without  delay.  If  the  petition  shall  be  found  to  be  sufficient, 
the  council  shall  order  and  fix  a  date  for  holding  the  said  elec- 
tion, not  less  than  thirty  days  or  more  than  forty  days  from 
the  date  of  the  clerk's  certificate  to"  the  council  that  a  sufficient 
petition  is  filed.  The  council  shall  make  or  cause  to  be  made 
publication  of  notice  and  all  arrangements  for  holding  such 
election,  and  the  same  shall  be  conducted,  returned  and  the 
result  thereof  declared,  in  all  respects  as  are  other  city  elec- 
tions. So  far  as  applicable,  except  as  otherwise  herein  pro- 
vided, nominations  hereunder  shall  be  made  without  the  inter- 
vention of  a  primary  election  by  filing  with  the  clerk  at  least 
ten  days  prior  to  said  special  election,  a  statement  of  candi- 
dacy accompanied  by  a  petition  signed  by  electors  entitled  to 
vote  at  said  special  election  equal  in  number  to  at  least  ten  per 
centum  of  the  entire  vote  for  all  candidates  for  the  office  of 
mayor  at  the  last  preceding  general  municipal  election,  which 
said  statement  of  candidacy  and  petition  shall  be  substantially 
in  the  form  set  out  in  section  ten  hundred  fifty-six-a  twenty- 
one,  of  the  supplement  to  the  code,  1907,  so  far  as  the  same 
is  applicable,  substituting  the  word  "special"  for  the  word  "pri- 
mary" in  such  statement  and  petition,  and  stating  therein  that 
such  person  is  a  candidate  for  election  instead  of  nomination. 


ELECTIONS    AND    OFFICERS  23 

The  ballot  for  such  special  election  shall  be  in  substantially  the 
following  form : 

OFFICIAL  BALLOT. 

Special  election  for  the  balance  of  the  unexpired  term 

of  as 

FOR 

(Vote  for  one  only) 
(Names  of  Candidates) 

n -. 

n 

Name  of  present  incumbent. 

Official  ballot  attest : 
(Signature) 

City  Clerk. 

The  successor  of  any  officer  so  removed  shall  hold  office  dur- 
ing the  unexpired  term  of  his  predecessor.  Any  person  sought 
to  be  removed  may  be  a  candidate  to  succeed  himself,  and 
unless  he  requests  otherwise  in  writing,  the  clerk  shall  place 
his  name  on  the  official  ballot  without  nomination.  In  any 
such  removal  election,  the  candidate  receiving  the  highest  num- 
ber of  votes  shall  be  declared  elected.  At  such  election  if  some 
other  person  than  the  incumbent  receives  the  highest  number 
of  votes,  the  incumbent  shall  thereupon  be  deemed  removed 
from  the  office  upon  qualification  of  his  successor.  In  case  the 
party  who  receives  the  highest  number  of  votes  should  fail  to 
qualify  within  ten  days  after  receiving  notification  of  election, 
the  office  shall  be  deemed  vacant.  If  the  incumbent  receives 
the  highest  number  of  votes,  he  shall  continue  in  office.  The 
said  method  of  removal  shall  be  cumulative  and  additional  to 
the  methods  heretofore  provided  by  law.  [33  G.  A.,  ch.  65, 
§l;32G.A.,ch.48,  §18.] 


DIVISION  V. 

ELECTIONS  AND  OFFICERS:  CITIES  UNDER  CITY  MAN- 
AGER PLAN. 

Section  1056-b3.  Tenure  of  office  of  councilman,  other  of- 
ficers and  employes.  The  councilmen  elected  at  the  special 
election  called  by  the  mayor,  after  the  adoption  of  the  form  of 
government  contemplated  by  this  act,  shall  qualify,  and  their 


24  PRIMARY    AND   GENERAL    ELECTION    LAWS 

terms  of  office  shall  begin  on  the  first  Monday  after  their  elec- 
tion, and  they  shall  hold  office  until  the  next  regular  biennial 
municipal  election,  and  until  their  successors  are  elected  and 
qualified.  At  the  first  regular  biennial  election,  after  the  or- 
ganization of  any  city  or  town,  under  the  provisions  of  this  act, 
in  all  such  cities  and  towns  where  three  councilmen  are  to  be 
elected,  one  councilman  shall  be  elected  for  the  term  of  two 
years,  and  two  for  the  term  of  three  years.  When  four  coun- 
cilmen are  to  be  elected,  as  provided  in  section  two  hereof,  one 
shall  be  elected  from  each  township  for  the  term  of  two  years, 
and  one  from  each  township  for  the  term  of  three  years,  and  in 
cities  where  five  councilmen  are  to  be  elected,  two  shall  be 
elected  for  two  years,  and  three  for  three  years.  At  the  next 
regular  biennial  municipal  election,  and  biennially  thereafter, 
there  shall  be  elected,  a  member  or  members  of  the  council  for 
the  term  of  three  years  to  succeed  those  whose  terms  of  office 
will  expire  the  first  Monday  in  April,  following  such  election, 
and  there  shall  also  be  elected  at  such  regular  biennial  munici- 
pal election,  a  member  or  members  of  the  council  for  a  term  of 
three  years  to  succeed  those  whose  terms  will  expire  one  year 
after  the  first  Monday  in  April  following  such  election. 

The  time  when  each  candidate  for  councilman  shall  begin 
his  term  of  office  shall  be  specified  under  his  name  on  the 
ballot,  and  all  petitions  for  nomination  of  members  of  the 
council,  to  be  voted  for  at  such  regular  biennial  municipal  elec- 
tion, shall  specify  the  length  of  the  term  of  office  for  which 
the  candidate  seeks  nomination.  The  terms  of  office  of  the 
mayor  and  councilmen  or  aldermen  of  any  city  or  incorporated 
town,  adopting  the  form  of  government  contemplated  by  this 
act,  in  office  at  the  beginning  of  the  terms  of  office  of  the  coun- 
cilmen first  elected,  under  the  provisions  hereof,  shall  then 
cease  and  determine,  and  except  the  members  of  the  library 
board,  whose  terms  of  office  shall  continue  as  now  provided  by 
law,  the  terms  of  office  of  all  other  officers  including  park  com- 
missioners, members  of  the  board  of  public  works,  and  water- 
works trustees,  whether  elected  or  appointed,  and  of  all  em- 
ployes of  such  city  or  incorporated  town,  shall  be  subject  to 
the  action  of  the  council  or  manager,  as  herein  provided.  Ex- 
cept the  members  of  the  library  board,  the  council  shall  have 
power  to  determine  the  tenure  of  office  of  any  officer  or  the 
term  of  employment  of  any  employe  that  it  is  authorized  to 


ELECTIONS    AND    OFFICERS  26 

appoint  or  employ,  and  to  declare  any  such  office  vacant,  or  to 
discharge  any  such  employe  with  or  without  cause,  as  it  may 
deem  advisable,  and  the  manager  shall  have  power  to  deter- 
mine the  tenure  of  office  of  any  officer  or  the  term  of  employ- 
ment of  any  employe  that  he  is  authorized  to  appoint  or  em- 
ploy, and  to  declare  any  such  office  vacant,  or  to  discharge  any 
such  employe  with  or  without  cause,  as  he  may  deem  advis- 
able. [36  G.  A.,  ch.  180,  §  4.] 

Sec.  1056-b4.  Councilmen  to  be  nominated  by  petition — 
election — form  of  ballot.  Candidates  for  councilmen,  to  be 
voted  for  under  the  provisions  of  this  act,  shall  be  nominated 
by  petition,  filed  with  the  city  or  town  clerk,  ten  days  before 
the  day  of  election,  and  no  name  shall  be  placed  upon  the  ballot, 
except  the  names  of  candidates  nominated  by  such  petition. 
The  petition  for  the  nomination  of  councilmen  shall  be  signed 
by  at  least  ten  electors  of  the  city  or  town,  for  every  one  thou- 
sand inhabitants  of  such  city  or  town,  as  shown  by  the  last 
previous  federal  or  state  census,  and  no  petitioner  shall  sign 
any  petition  or  petitions  for  more  candidates  than  are  to  be 
elected  in  the  city  or  town  in  which  such  petition  is  filed.  No 
person  shall  be  deemed  nominated  for  the  office  of  councilman, 
unless  the  petition  for  his  nomination  shall  have  been  signed  as 
herein  required.  The  petition  for  the  nomination  of  council- 
men  shall  be  substantially  in  the  following  form : 

"The  undersigned,  duly  qualified  electors  of  (here  insert  the 
name  of  the  city  or  town) ,  and  residing  at  the  place  set  oppo- 
site our  respective  names,  hereby  nominate  (name  of  candi- 
date), as  candidate  for  the  office  of  councilman,  of  the  (name 
of  city  or  town),  and  request  that  his  name  be  placed  upon 
the  official  ballot  of  said  city  (or  town) ,  at  the  municipal  elec- 
tion to  be  held  therein,  on  the Monday  of , 

19 We  further  state  that  we  know  the  said  (name  of 

candidate)  to  be  a  qualified  elector  of  said  city  (or  town),  a 
man  of  good  moral  character,  and  in  our  judgment,  qualified 
for  the  duties  of  councilman. 

Name  of  electors.          Residence.          Street  and  number. 


In  cities  where  the  residences  are  numbered,  the  street  and 
number  of  the  residence  of  each  elector,  signing  such  petition, 
shall  be  written  on  the  petition  immediately  after  the  name  of 


26  PRIMARY    AND   GENERAL    ELECTION    LAWS 

the  elector,  and  no  name  upon  any  such  petition  shall  be 
counted  unless  the  street  and  number  of  the  residence  of  the 
person  signing  the  same  appear  thereon,  as  herein  provided. 
Petitions  for  nomination  of  councilmen,  filed  with  the  city  or 
town  clerk,  shall,  within  two  days  after  the  expiration  of  the 
time  within  which  such  petitions  may  be  filed,  be  canvassed  by 
the  city  or  town  council,  as  the  case  may  be,  and  the  names  of 
all  persons  who  shall  have  been  nominated  by  such  petitions, 
shall,  by  the  clerk,  be  placed  upon  the  official  ballot  of  the  city 
or  town,  of  the  municipal  election  for  which  such  nominations 
are  made.  The  names  of  the  candidates  shall  be  arranged  upon 
the  ballot  in  the  manner  provided  by  section  ten  hundred 
eighty-seven-a  thirteen,  supplement  to  the  code,  1913,  as  nearly 
as  may  be,  with  a  square  at  the  left  of  each  name,  and  below 
the  names  of  each  of  such  candidates,  shall  appear  the  words, 
vote  for  (here  insert  the  number  of  councilmen  to  be  elected) 
as  the  case  may  be.  The  ballots  shall  be  printed  upon  plain, 
substantial  white  paper,  through  which  the  printing  or  writing 
cannot  be  read,  and  shall  be  headed,  "Candidates  for  council- 
men  of  (name  of  city  or  town) ,  at  the  general  (or  special)  mu- 
nicipal election  of  19 "  The  candidates  upon  the  ballot 

shall  be  voted  for  by  placing  a  cross  in  the  square  preceding 
the  name  of  the  candidate  for  whom  the  vote  is  cast.  [37  G. 
A.,  ch.  15 ;  36  G.  A.,  ch.  180,  §  5.] 

Sec.  1056-b5.  Ballots — clerk  to  prepare — number — judges 
—canvass  of  returns.  The  city  or  town  clerk  shall  cause  the 
ballots  to  be  prepared  and  printed  as  herein  specified,  and 
shall  deliver,  or  cause  to  be  delivered,  at  every  polling  pre- 
cinct in  the  city  or  town,  a  number  of  ballots  equal  to  twice 
the  number  of  votes  cast  at  such  precinct  at  the  last  general 
municipal  election.  The  city  or  town  council  shall  appoint  the 
judges  and  clerks  of  the  election.  The  election  shall  be  con- 
ducted, the  vote  canvassed,  and  the  certified  return  thereof 
made  by  the  judges  of  such  election  as  provided  by  law.  .  The 
returns  from  the  voting  precincts  shall  be  canvassed,  the  re- 
sult declared  by  the  council,  and  clerk,  on  the  day  after  the 
election,  and  notice  of  the  result  given  at  the  time  and  in  the 
manner  provided  by  statute.  [36  G.  A.,  ch.  180,  §  6.] 

Sec.  1056-b6.  Election  laws  applicable.  All  of  the  provi- 
sions of  section  ten  hundred  fifty-six-a  twenty-two,  and  ten 
hundred  fifty-six-a  twenty-three,  supplement  to  the  code,  1913, 


VACANCIES    IN    OFFICE  27 

shall  apply  to  elections  held  under  the  provisions  of  this  act, 
and  any  person  violating  any  of  the  provisions  of  either  of  said 
sections  shall,  upon  conviction  thereof,  be  punished  as  therein 
provided.  [36  G.  A.,  ch.  180,  §  7.] 

Sec.  1056-bll.  Statutes  made  applicable.  All  of  the  pro- 
visions of  section  ten  hundred  fifty-six-a  thirty-one,  supple- 
ment to  the  code,  1913,  shall  apply  to  all  officers  and  employees 
elected  or  appointed  in  any  city  or  town,  organized  under  this 
act,  as  fully  as  though  the  provisions  of  such  section  were  in- 
corporated and  repeated  herein.  [36  G.  A.,  ch.  180,  §  12.] 

Sec.  1056-b20.  Manager  not  to  influence  election — penalty. 
The  manager  shall  take  no  part  in  any  election  held  for  the 
purpDse  of  electing  councilmen,  except  that  he  may  attend  at 
the  polls  and  cast  his  vote,  if  he  is  a  qualified  elector  of  the 
city  or  town,  and  any  attempt  upon  his  part  to  procure  the 
election  of  any  person  as  councilman,  or  to  induce  any  elector 
to  vote  for  any  person  for  councilman,  or  any  solicitation  by 
such  manager,  of  any  elector  to  vote  for  any  person  or  per- 
sons, for  the  office  of  councilman,  shall  be  a  misdemeanor,  and 
upon  conviction  thereof,  he  shall  be  punished  as  provided  by 
section  nineteen  hundred  six  of  the  code,  and  in  addition  to 
such  punishment,  he  may  be  removed  from  office,  under  the 
provisions  of  chapter  eight,  title  six,  supplement  to  the  code, 
1913.  [36  G.  A.,  ch.  180,  §  21.] 


DIVISION  VI. 
VACANCIES  IN  OFFICE. 

Section  1277.  Officers  to  fill  vacancies.  Officers  elected  to 
fill  vacancies,  either  at  a  special  or  general  election,  shall  hold 
for  the  unexpired  portion  of  the  term,  and  until  a  successor  is 
elected  and  qualified,  unless  otherwise  provided  by  law.  [C.  '73, 
§  513;  R.,  §  1083.] 

Sec.  1278.  Officers — Vacancies.  If  a  vacancy  occurs  in  an 
elective  office  in  a  city,  town  or  township  ten  days,  or  a  county 
office  fifteen  days,  or  any  other  office  thirty  days,  prior  to  a 
general  election,  it  shall  be  filled  at  such  election,  unless 
previously  filled  at  a  special  election.  [19  G.  A.,  ch.  124,  §  2; 
C.  '73,  §§  530,  789,  794-5 ;  R.,  §§  672, 1101 ;  C.  '51,  §§  35,  431-5.] 


28  PRIMARY    AND   GENERAL    ELECTION    LAWS 

Sec.  1279.  Election  to  Fill  Vacancies.  A  special  election  to 
fill  a  vacancy  shall  be  held  for  a  representative  in  congress,  or 
senator  or  representative  in  the  general  assembly,  when  the 
body  in  which  such  vacancy  exists  is  in  session,  or  will  convene 
prior  to  the  next  general  election,  and  the  governor  shall  order 
such  special  election  at  the  earliest  practicable  time,  giving  ten 
days'  notice  thereof.  [C.  73,  §  789;  R.,  §  672;  C.  '51,  §§  35, 
431-5.] 


DIVISION  VII. 
NOMINATIONS  BY  PRIMARY  ELECTION. 

Section  1087-a2.  Primary  election  defined.  The  term  "pri- 
mary election"  as  used  in  this  act  shall  be  construed  to  apply 
to  an  election  by  the  members  of  the  various  political  parties 
for  the  purpose  of  placing  in  nomination  candidates  for  public 
office,  for  selecting  delegates  to  conventions,  and  for  the  selec- 
tion of  party  committeemen.  [32  G.  A.,  ch.  51,  §  2.] 

Sec.  1087-a3.  Political  party  defined.  The  title  "political 
party"  shall  mean  a  party  which,  at  the  last  preceding  general 
election,  cast  for  its  candidate  for  governor  at  least  two  per 
centum  of  the  total  vote  cast  at  said  election,  provided  that 
such  other  political  organizations  as  may,  under  sections  ten 
hundred  ninety-eight  and  ten  hundred  ninety-nine  of  j;he  code, 
nominate  and  certify  candidates  and  have  their  names  placed 
upon  the  ballot  for  the  November  election,  shall  have  the  right 
so  to  do  in  the  manner  and  under  the  conditions  therein  pre- 
scribed. [32  G.  A.,  ch.  51,  §  3.] 

Sec.  1087-al.  Primary  elections  authorized  —  offices  af- 
fected. That  from  and  after  the  passage  of  this  act  the  candi- 
dates of  political  parties  for  all  offices  which  under  the  law 
are  filled  by  the  direct  vote  of  the  voters  of  this  state  at  the 
general  election  in  November,  (except  candidates  for  the  office 
of  judge  of  the  supreme,  district  and  superior  courts*),  for  the 
office  of  senator  in  the  congress  of  the  United  States,  and  for 
the  office  of  elector  of  the  president  and  vice  president  of  the 
United  States,  shall  be  nominated  by  a  primary  election,  and 
delegates  to  the  county  conventions  of  said  political  parties  or 
organizations  and  party  county  committeemen  shall  be  elected 


*See  pp.  57-60  for  provisions  relative  to  nomination  and  election  of  judges. 


NOMINATIONS   BY   PRIMARY   ELECTION  29 

at  said  primary  election,  at  the  times  and  in  the  manner  here- 
inafter provided.  The  provisions  of  chapters  three  and  four, 
title  six,  and  chapter  eight,  title  twenty-four,  of  the  code,  shall 
apply  so  far  as  applicable  to  all  such  primary  elections,  the 
same  as  general  elections,  except  as  hereinafter  provided.  [33 
G.  A.,  ch.  69,  §  1 ;  32  G.  A.,  ch.  51,  §1.] 

Sec.  1087-c.  United  States  senators — nomination  and  elec- 
tion. In  the  year  preceding  the  expiration  of  the  term  of  office 
of  United  States  senator,  or  in  case  of  a  vacancy  in  said  office, 
candidates  for  the  different  parties  for  United  States  senator 
shall  be  nominated  as  provided  by  law  and  the  United  States 
senator  or  senators  as  the  case  may  be  shall  be  elected  at  the 
general  election  in  the  same  manner  as  state  officers  are 
elected.  [38  G.  A.,  ch.  86,  §9 ;  35  G.  A.,  ch.  105,  §1.] 


Chapter  401,  Laws  of  the  Thirty-seventh  General  Assembly,  as 
amended  by  Chapter  215,  Acts  of  the  Thirty- 
eighth  General  Assembly. 

United  States  Senators. 

AN  ACT  to  repeal  the  law  concerning  the  selection  of  senators  in  the 
congress  of  the  United  States  by  joint  conventions  of  the  general  as- 
sembly, and  providing  for  filling  vacancies  in  the  places  of  the  sen- 
ators in  the  congress  of  the  United  States  by  election  and  temporary 
appointment  by  the  governor. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of  Iowa: 

Section  1.  Amendatory  clause.  Section  thirty  (30)  of  the 
code  is  hereby  amended  by  striking  therefrom  the  following : 
"Joint  conventions  for  the  purpose  of  electing  a  senator  in  the 
congress  of  the  United  States,  and". 

Sec.  2.  Vacancies — when  governor  may  fill.  If  the  offices 
of  the  senators  in  the  congress  of  the  United  States,  or  either 
of  them,  shall  become  vacant  when  the  senate  is  in  session  or 
will  convene  prior  to  the  next  general  election,  the  governor 
may  make  temporary  appointment  until  the  people  fill  the 
vacancy  at  the  next  succeeding  general  election,  as  provided  by 
section  ten  hundred  eighty-seven-c  (1087-c),  supplement  to  the 
code,  1913. 


Sec.  1087-a4.    When  held.    The  primary  election  herein  pro- 
vided for  shall  consist  of  an  election  by  all  political  parties  and 


30  PRIMARY    AND   GENERAL,    ELECTION    LAWS 

shall  be  held  at  the  usual  voting  places  of  the  several  precincts 
on  the  first  Monday  in  June,  in  the  year  nineteen  hundred 
twelve,  and  biennially  thereafter,  for  the  nomination  of  candi- 
dates for  such  offices  as  are  to  be  filled  at  the  general  election 
in  November  next  ensuing  (except  candidates  for  the  office  of 
judge  of  the  supreme,  district  and  superior  courts*),  for  sen- 
ator in  the  congress  of  the  United  States  in  the  next  year  pre- 
ceding the  filling  of  that  office  by  the  general  assembly,!  and 
for  the  electors  of  the  president  and  vice  president  of  the 
United  States,  in  the  year  in  which  a  president  and  vice  presi- 
dent are  to  be  elected.  [34  G.  A.,  ch.  58,  §  1 ;  32  G.  A.,  ch.  51, 
§4.] 

Sec.  1087-all.  Blank  nomination  papers.  The  secretary  of 
state  shall  cause  to  be  printed  and  keep  on  hand  a  sufficient 
quantity  of  nomination  paper  blanks  in  form  as  provided  for  in 
this  act  and  shall  furnish  the  same  on  application  to  any  quali- 
fied elector  in  the  state  desiring  to  petition  for  the  nomination 
of  any  candidate,  or  to  a  person  who  intends  to  be  a  candidate, 
for  any  office  whose  nomination  paper  is  required  to  be  filed  in 
his  office ;  and  the  county  auditor  of  each  county  shall  likewise 
cause  to  be  printed  and  keep  on  hand  a  sufficient  quantity  of 
such  nomination  paper  blanks  and  furnish  the  same  on  appli- 
cation to  any  qualified  elector  in  his  county  desiring  to  petition 
for  the  nomination  of  any  candidate,  or  to  a  person  who  intends 
to  be  a  candidate,  for  any  office  whose  nomination  paper  is  re- 
quired to  be  filed  in  his  office.  [32  G.  A.,  ch.  51,  §  11.] 

Sec.  1087-alO.     Nomination  papers — candidates  —  affidavit. 

No  candidate  for  an  elective  county  office  shall  have  his  name 
printed  upon  the  official  primary  ballot  of  his  party  unless  at 
least  thirty  days  prior  to  the  day  fixed  for  holding  the  primary 
election  a  nomination  paper  shall  have  been  filed  in  his  behalf 
in  the  office  of  the  county  auditor ;  and  no  candidate  for  nomi- 
nation for  an  elective  state  office,  or  for  representative  in  the 
congress  of  the  United  States,  or  member  of  the  general  assem- 
bly, shall  have  his  name  printed  upon  the  official  primary  ballot 
of  his  party  unless  at  least  forty  days  prior  to  such  primary 
election  a  nomination  paper  shall  have  been  filed  in  his  behalf 
in  the  office  of  the  secretary  of  state ;  and  no  member  of  a  polit- 
ical party  desiring  or  intending  to  be  a  candidate  for  the  office 


*See  pp.  57-60  for  provisions  relative  to  nomination  and  election  of  judges. 
tSee  sec.  1087-c,  p.  29.  for  provisions  relative  to  nomination  and  election 
of  United  States  senator. 


NOMINATIONS  BY   PRIMARY  ELECTION  31 

of  senator  in  the  congress  of  the  United  States,  or  a  candidate 
for  the  office  of  elector  of  the  president  and  vice  president  of 
the  United  States,  shall  have  his  name  printed  upon  the  official 
primary  ballot  of  his  party  in  any  election  precinct  unless  at 
least  forty  days  prior  to  such  primary  election  a  nomination 
paper  shall  have  been  filed  in  his  behalf  in  the  office  of  the  sec- 
retary of  state.  A  candidate  for  an  office  to  be  filled  by  the 
voters  of  any  subdivision  of  a  county,  or  a  candidate  for  party 
committeeman,  shall  not  be  required  to  file  any  nomination 
paper  or  papers.  All  nomination  papers  shall  be  in  substan- 
tially the  following  form: 

"I,  the  undersigned,  a  qualified  elector  of 

county,  and  state  of  Iowa,  and  a  member  of  the _ 

party,  hereby  nominate of 

county,  state  of  Iowa,  who  has  affiliated  with  and  is  a  member  of  the 

party,  as  a  candidate  for  the  office  of 

to  be  voted  for  at  the  primary  election  to  be 

held  in  June,  19 ," 

and  shall  consist  of  sheets  of  uniform  size  about  eight  and  one- 
half  by  thirteen  inches.  No  signatures  shall  be  counted  unless 
they  are  on  sheets  each  having  such  form  written  or  printed  at 
the  top  thereof.  Each  signer  of  a  nomination  paper  shall  sign 
but  one  such  nomination  paper  for  the  same  office,  except 
where  more  than  one  officer  is  to  be  elected  to  the  same  office, 
in  which  case  he  may  sign  as  many  nomination  papers  as  there 
are  officers  to  be  elected,  and  only  one  candidate  shall  be  peti- 
tioned for  or  nominated  in  the  same  nomination  paper.  Each 
signer  of  a  nomination  paper  shall  add  his  residence  with 
street  and  number,  if  any,  and  the  date  of  signing.  For  all 
nominations,  all  signers  of  each  separate  part  of  a  nomina- 
tion paper  shall  reside  in  the  same  county.  When  more  than 
one  sheet  is  used  for  any  nomination  paper,  the  sheets  shall  be 
laid  one  upon  the  other  and  neatly,  evenly,  and  securely  fas- 
tened together  before  filing,  and  shall  be  considered  as  one 
nomination  paper  only.  A  nomination  paper,  when  filed,  shall 
not  be  withdrawn  nor  added  to,  nor  any  signature  thereon  re- 
voked. The  affidavit  of  a  qualified  elector  shall  be  appended 
to  each  such  nomination  paper,  or  papers,  if  more  than  one  for 
any  candidate,  stating  that  he  is  personally  acquainted  with 
all  the  persons  who  have  signed  the  same ;  that  he  knows  them 
to  be  electors  of  that  county  and  believes  them  to  be  affiliated 
with  the  party  named  therein ;  that  he  knows  that  they  signed 


32  PRIMARY    AND    GENERAL    ELECTION    LAWS 

the  same  with  full  knowledge  pf  the  contents  thereof;  that 
their  respective  residences  are  truly  stated  therein;  and  that 
each  signer  signed  the  same  on  the  date  stated  opposite  his 
name,  but  such  affidavit  shall  not  be  made  by  the  candidate. 
Each  and  every  candidate  shall  make  and  file  his  affidavit  stat- 
ing that  he  is  eligible  to  the  office  for  the  township,  county, 
district  or  state  in  which  he  is  and  will  be  a  bona  fide  candidate 
for  nomination  for  said  office,  and  shall  file  such  affidavit  with 
the  said  nomination  paper  or  papers,  when  such  paper  or 
papers  are  required.  If  no  such  paper  or  papers  are  required, 
then  he  shall  file  such  affidavit  alone,  or  there  shall  be  filed  a 
nomination  paper  signed  by  ten  qualified  voters  of  any  sub- 
division of  a  county,  with  the  county  auditor,  at  least  fifteen 
days  prior  to  such  primary  election,  and  the  filing  of  such 
affidavit  or  such  nomination  paper  shall  entitle  such  candidate 
to  have  his  name  printed  on  the  official  primary  ballot  of  his 
party.  Such  affidavit  shall  be  in  form  and  substance  as 
follows : 

"I,  being  duly  sworn,  say  that  I 

reside  at street,  (city  or  town)  of 

county  of ..in  the  state  of  Iowa;  that  I  am 

eligible  to  the  office  for  which  I  am  a  candidate,  and  tha't  the  political 

party  with  which  I  affiliate  is  the party;  that 

I  am  a  candidate  for  nomination  to  the  office  of 

to  be  made  at  the  primary  election  to  be  held  in  June,  19 ,  and  hereby 

request  that  my  name  be  printed  upon  the  official  primary  ballot  as  pro- 
vided by  law,  as  a  candidate  of  the party.  I 

furthermore  declare  that  if  I  am  nominated  and  elected  I  will  qualify 
as  such  officer. 

(Signed) .' 

Subscribed  and  sworn  to  (or  affirmed)  before  me 

by. on  this _ day  of , 

19.... 


The  nomination  papers  above  required  shall  be  signed  as 
follows : 

(1).  If  for  a  state  office,  United  States  senator,  or  elector  at 
large,  by  at  least  one  per  centum  of  the  voters  of  the  party 
(as  shown  by  the  returns  of  the  last  general  election)  of  such 
candidates,  in  each  of  at  least  ten  counties  of  the  state,  and  in 
the  aggregate  not  less  than  one-half  of  one  per  centum  of  the 
total  vote  of  his  party  in  the  state,  as  shown  by  the  last  gen- 
eral election. . 


NOMINATIONS   BY   PRIMARY   ELECTION  33 

\ 

(2).  If  for  a  representative  in  congress,  district  elector,  or 
senator  in  the  general  assembly  in  districts  composed  of  more 
than  one  county,  by  at  least  two  per  centum  of  the  voters  of  his 
party,  as  shown  by  the  last  general  election,  in  at  least  one-half 
of  the  counties  of  the  district,  and  in  the  aggregate  not  less 
than  one  per  centum  of  the  total  vote  of  his  party  in  such  dis- 
trict, as  shown  by  the  last  general  election. 

(3).  If  for  an  office  to  be  filled  by  the  voters  of  the  county,  by 
at  least  two  per  centum  of  the  party  vote  in  the  county,  as 
shown  by  the  last  general  election. 

In  each  of  the  above  cases,  the  vote  to  be  taken  for  the  pur- 
pose of  computing  the  percentage  shall  be  the  vote  cast  for 
the  head  of  the  ticket.  All  nomination  papers  shall  be  de- 
stroyed at  the  same  time  and  in  the  manner  in  which  the 
primary  election  ballots  are  destroyed.*  [35  G.  A.,  ch.  110, 
§  1 ;  33  G.  A.,  ch.  69,  §  4;  32  G.  A.,  ch.  51,  §  10.] 

Sec.  1087-al2.  Nomination  certified  to  county  auditor- 
order  on  ballot  designated — notice  published.  At  least  thirty 
days  before  any  such  primary  election,  the  secretary  of  state 
shall  transmit  to  each  county  auditor  a  certified  list  containing 
the  name  and  postoffice  address  of  each  person  for  whom  a 
nomination  paper  has  been  filed  in  his  office,  in  accordance  with 
the  provisions  of  section  ten1  of  this  act  and  entitled  to  be 
voted  for  at  such  primary  election  by  the  voters  of  such  county, 
together  with  a  designation  of  the  office  for  which  he  is  a  can- 
didate, and  the  party  from  which  he  seeks  a  nomination. 

Such  lists  shall  also  designate  the  order  in  which  the  names 
of  all  candidates  for  the  office  of  senator  in  the  congress  of  the 
United  States  and  for  offices  to  be  filled  by  the  voters  of  the 
entire  state  shall  be  arranged  and  printed  upon  the  primary 
election  ballots  in  each  county,  in  the  following  manner,  to  wit : 
The  secretary  of  state  shall  prepare  a  list  of  the  counties  of  the 
state  for  each  political  party  by  arranging  the  various  counties 
in  the  order  of  the  vote  cast  by  each  political  party  in  each 
county  for  its  candidate  for  governor  at  the  last  preceding 
general  election,  or  for  the  head  of  the  ticket  of  any  political 
party  when  it  had  no  candidate  for  governor  at  such  election, 
numbering  the  counties  consecutively  on  each  list  from  one  to 


*Remaining  portion  of  Sec.  1087-alO,  supplement  to  the  code,  1913,  is  rendered 
inoperative  by  amendment  to  the  U.  S.  constitution  (Art.  XVII)  and  by  Sec. 
1087-c. 

1087-alO. 


34  PRIMARY    AND    GEfNERAL    ELECTION    LAWS 

I 

ninety-nine,  both  inclusive,  beginning  with  the  county  which 
cast  the  largest  vote,  which  shall  be  numbered  '"1."  He  shall 
then  arrange  the  surnames  of  such  candidates  in  alphabetical 
order  for  the  respective  offices  for  the  several  political  parties 
for  the  first  county  on  the  respective  lists ;  thereafter,  for  each 
succeeding  county,  the  names  appearing  first  for  the  respective 
offices  in  the  last  preceding  county  shall  be  placed  last,  so  that 
the  names  that  occupied  second  position  before  the  change 
shall  occupy  first  position  after  the  change.  Such  auditor 
shall  forthwith  publish  a  proclamation  of  the  time  of  holding 
the  primary  election,  the  hours  during  which  the  polls  will  be 
open,  the  offices  for  which  candidates  are  to  be  nominated  and 
that  the  primary  election  will  be  held  in  the  regular  polling 
places  in  each  precinct.  Such  notice  shall  be  published  once 
each  week  for  two  consecutive  weeks  before  the  primary  elec- 
tion, in  not  to  exceed  two  newspapers  of  general  circulation  in 
such  county.  One  of  such  newspapers  shall  represent  the 
political  party  which  cast  the  largest  vote  in  such  county  at  the 
last  preceding  general  election,  and  the  other,  if  any,  that 
shall  represent  the  political  party  which  cast  the  next  largest 
vote  in  such  county  at  such  general  election.  The  county 
auditor  shall  correct  any  errors  or  omissions  in  the  names  of 
candidates  and  any  other  errors  brought  to  his  knowledge 
before  the  printing  of  the  ballots.  [33  G.  A.,  ch.  69,  §  5;  32 
G.  A.,  ch.  51,  §  12.] 

Sec.  1087-al4.  Ballot — form.  The  official  primary  election 
ballot  shall  be  prepared,  arranged  and  printed  substantially  in 
the  following  form: 

PRIMARY  ELECTION  BALLOT 

(Name  of  Party) 
of 

Township  or  Precinct,  ....Ward, 

City  or  town  of ,  County  of ,  State  of 

Iowa. 

Primary  election  held  on  the day  of 

June,  19 

For  United  States  Senator. 

(Vote  for  one.) 
n     William  K.  Brown 
n    J-  R.  Wayne 


NOMINATIONS    BY    PRIMARY    ELECTION  35 

For  Governor. 

(Vote  for  one.) 
Q|     Howard  Collins 
n     William   Longley 
D    ............................................ 

(Followed  by  other  elective  state  and  district  officers  in  order.) 
For  County  Auditor. 

(Vote  for  one.) 
n     William  Strong 
n     Robert  Thompson 
D    ................................................ 

(Followed  by  other  elective  county  officers  in  order.) 

For  Delegates  to  County  Convention. 

(Vote  for  .................  ) 

D 

n   .................................................................................... 

n 


n 


For  Township  Clerk. 

(Vote  for  one.) 
John  H.  Black 
Joseph  Raymond 

For  Township  Trustees. 

(Vote  for  two.) 
Clarence  Foster 
William  Jones 
H.  S.  Wilson 


(Folldwed  by  other  elective  township  officers  in  order.) 
For  Party  Committeeman. 

(Vote  for  one.) 
n     John  Doe 
D     Richard  Roe 
D    

[33  G.  A.,  ch.  69,  §  7;  32  G.  A.,  ch.  51,  §  14.] 

Sec.  1087-al3.     Printing — order  of  names  on  ballot.     The 

names  of  the  candidates  of  each  political  party  for  nomination 
for  the  several  offices,  and  for  party  committeemen  and  blank 
spaces  for  the  delegates  to  the  county  convention  shall  be 
printed  in  black  ink  on  separate  sheets  of  paper,  uniform  in 
color,  quality,  texture  and  size,  with  the  name  of  the  political 
party  printed  at  the  head  of  said  ballots,  which  ballots  shall 


36  PRIMARY    AND   GENERAL,    ELECTION   LAWS 

be  prepared  by  the  county  auditor  in  the  same  manner  as  for 
the  general  election,  except  as  in  this  chapter  otherwise  pro- 
vided. The  names  of  candidates  for  the  office  of  senator  in  the 
congress  of  the  United  States  and  for  offices  to  be  filled  by  the 
voters  of  the  entire  state  shall  be  arranged  and  printed  on  the 
primary  election  ballots  in  the  order  in  which  they  are  certified 
by  the  secretary  of  state.  The  names  of  candidates  for  offices 
to  be  filled  by  the  voters  of  a  county,  and  by  the  voters  of  any 
district  of  the  state  composed  of  more  than  one  county,  shall 
be  arranged  and  printed  upon  the  primary  election  ballots  in 
the  following  manner,  to  wit:  The  county  auditor  shall  pre- 
pare a  list  of  the  election  precincts  of  his  county,  by  arranging 
the  various  townships,  towns  and  cities  in  the  county  in  alpha- 
betical order  and  the  wards  or  precincts  of  each  city,  town  or 
township  in  numerical  order  under  the  name  of  such  city,  town 
or  township.  He  shall  then  arrange  the  surnames  of  all  candi- 
dates for  such  offices  alphabetically  for  the  respective  offices 
for  the  first  precinct  in  the  list ;  thereafter,  for  each  succeeding 
precinct,  the  names  appearing  first  for  the  respective  offices  in 
the  last  preceding  precinct  shall  be  placed  last,  so  that  the 
names  that  were  second  before  the  change  shall  be  first  after 
the  change.  The  names  of  candidates  for  all  offices  to  be  filled 
by  the  voters  of  a  territory  smaller  than  a  county  shall  be  ar- 
ranged and  printed  alphabetically  according  to  surnames  for 
the  respective  offices.  [33  G.  A.,  ch.  69,  §  6;  32  G.  A.,  ch.  51, 
§13.] 

Sec.  1087-al5.  Sample  ballots.  After  the  printing  of  the 
official  ballots,  the  county  auditor  shall  change  a  sufficient  num- 
ber thereof  to  supply  each  voting  precinct  in  the  county  with 
ten  sample  ballots  of  each  political  party.  The  auditor  shall 
change  the  same  by  writing  or  stamping  the  words  "sample 
ballot"  in  red  ink  near  the  top  of  such  ballots,  and  by  signing 
his  name  or  stamping  a  facsimile  thereof  and  his  title  of  office 
immediately  thereunder.  Such  sample  ballots  shall  not  be 
voted,  received  or  counted  in  any  primary  election.  The  county 
auditor  shall  distribute  such  sample  ballots  with  the  official 
ballots,  and  it  shall  be  the  duty  of  the  judges  of  election  to 
see  that  such  sample  ballots  are  posted  in  and  about  the  poll- 
ing places  upon  the  day  of  the  primary  election  and  before  the 
opening  of  the  polls.  [33  G.  A.,  ch.  69,  §  8;  32  G.  A.,  ch.  51, 
§15.] 


NOMINATIONS    BY    PRIMARY    ELECTION 


37 


Sec.  1087-a5.  Judges  and  clerks — how  selected— oath — ex- 
penses. The  judges  and  clerks  of  all  primary  elections  under 
this  act  shall  be  made  up  and  selected  and  appointed  in  the 
same  manner  as  for  the  general  election  held  in  November,  and 
they  shall  take  the  same  oath  and  the  judges  are  hereby 
authorized  to  administer  oaths  as  hereinafter  provided.  Va- 
cancies shall  be  filled  as  provided  for  the  judges  and  clerks  of 
the  general  election.  The  expenses  of  the  primary  election 
shall  be  audited  by  the  board  of  supervisors  of  each  county  and 
be  paid  the  same  as  the  expenses  of  the  general  election.  The 
compensation  of  the  judges  and  clerks  of  the  primary  election 
shall  be  the  sum  of  thirty  cents  per  hour  for  all  official  services 
rendered  by  any  such  judge  or  clerk  at  any  such  election.  [36 
G.  A.,  ch.  215,  §  1 ;  33  G.  A.,  ch.  69,  §  2;  32  G.  A.,  ch.  51,  §  5.] 

Sec.  1087-al6.  Supplies — poll  books.  All  necessary  elec- 
tion supplies,  including  poll  books  as  provided  by  law,  for  the 
general  election,  together  with  a  sufficient  number  of  official 
primary  ballots  of  each  party,  shall  be  furnished  for  the  pri- 
mary election  board  for  each  precinct  by  the  county  auditor, 
and  such  poll  books  shall  contain  blank  spaces  for  the  names 
of  the  candidates  of  the  several  parties  for  the  different  offices 
to  be  written  in,  and  blank  spaces  for  entering  by  the  clerks  the 
names  of  the  electors  voting  at  said  primary  election ;  and  upon 
the  pages  provided  for  entering  the  names  of  said  voters  there 
shall  be  ruled  spaces  for  the  listing  of  the  names  of  said  voters 
and  for  the  designation  of  the  party  ticket  voted  by  said 
elector  in  manner  and  form  substantially  as  follows : 


No. 

Name 

Republican 

Democrat 

Prohibition 

Socialist 

1 

James  Smith  

X 

2 

Tom  Jones 

X 

3 

Dan  Brown                            .  .  . 

X 

4 

George  White 

X    • 

It  shall  be  the  duty  of  the  clerks  of  the  primary  election 
when  entering  the  name  of  a  voter  to  place  in  the  poll  books 
a  cross,  thus  (X),  in  the  column  designating  the  party  ticket 


38  PRIMARY    AND   GEfNERAL    ELECTION    LAWS 

which  was  given  to  said  voter  upon  his  application  for  a  ticket. 
[32  G.  A.,  ch.  51,  §  16.] 

Sec.  1087-a6.     Australian  ballot — polls  open — ballots.     The 

Australian  ballot  system  as  now  used  in  this  state,  except  as 
hereinafter  provided,  shall  be  used  at  said  primary  election  in 
all  precincts.  The  voter  shall  in  all  cases  mark  the  ballot  in 
the  square  before  the  name  of  each  person  for  whom  he  desires 
to  vote.  In  cities  where  registration  is  required  by  law,  the 
polls  shall  be  open  from  seven  [o'clock]  a.  m.  to  eight  [o'clock] 
p.  m.,  and  in  all  other  precincts  from  nine  o'clock  a.  m.  to  eight 
o'clock  p.  m.  The  elector  voting  at  said  primary  election  shall 
be  allowed  to  vote  for  candidates  for  nomination  on  the  ticket 
of  only  one  political  party,  and  that  shall  be  the  party  with 
which  he  is  registered  as  affiliated.  The  endorsement  of  the 
judges  of  election  and  the  facsimile  of  the  auditor's  signature 
shall  appear  upon  the  ballots  as  provided  by  law  for  the  ballots 
used  for  the  November  election.  The  voter  shall  return  the 
ballot,  folded,  to  one  of  the  judges  of  election  who  shall  deposit 
it  in  the  ballot  box.  If  any  primary  elector  write  upon  his 
ticket  the  name  of  any  person  who  is  a  candidate  for  the  same 
office  upon  some  other  party  ticket  than  that  upon  which  his 
name  shall  be  so  written,  such  ballot  shall  be  so  counted  for 
such  person  only  as  a  candidate  of  the  party  upon  whose  ballot 
his  name  is  written,  and  shall  in  no  case  be  counted  for  such 
person  as  a  candidate  upon  any  other  ticket.  In  case  the  per- 
son is  nominated  upon  more  than  one  ticket,  he  shall  forth- 
with file  with  the  proper  officer  a  written  declaration  indicat- 
ing the  party  designation  under  which  his  name  is  to  be  printed 
on  the  official  ballot  for  the  general  election  following  such  pri- 
mary election.  [33  G.  A.,  ch.  69,  §  3 ;  32  G.  A.,  ch.  51,  §  6.] 

Sec.  1087-a7.     First  declaration  of  party  affiliation — record 

At  the  primary  election  to  be  held  in  June  in  the  year  nine- 
teen hundred  eight  any  person  shall  be  entitled  to  participate 
therein  who  is  a  qualified  elector  in  such  precinct  at  the  time 
of  said  primary  election,  and  when  the  voter  seeks  to  pass  the 
guard  rail  he  shall  indicate  the  party  ballot  he  desires,  and 
one  of  the  judges  of  the  primary  election  board  shall  give  him 
such  primary  ballot  (unless  challenged,  and  if  so  challenged, 
then  only  in  the  event  that  the  challenge  is  determined  in  favor 
of  the  voter),  and  such  person  shall  thereupon  be  allowed  to 
vote.  The  voter's  selection  shall  constitute  his  declaration  of 


NOMINATIONS    BY    PRIMARY    ELECTION  39 

party  affiliation,  and  it  shall  be  the  duty  of  the  primary  elec- 
tion board  to  record  his  name  and  check  his  declaration  of 
party  affiliation  on  the  poll  books  used  by  the  clerks  of  the  pri- 
mary election  board,  and  said  list  properly  certified  to  by  said 
primary  election  board  shall  be  returned  to  the  county  auditor 
for  preservation.  Copies  of  the  names  and  party  entries  on 
such  list,  together  with  the  changes  of  party  affiliation  as  here- 
inafter provided,  arranged  alphabetically  by  surnames,  shall 
be  used  at  subsequent  primaries  for  determining  with  what 
party  the  voter  has  been  enrolled,  and  no  voter  enrolled  under 
the  provisions  of  this  act  shall  be  allowed  to  receive  the  ballot 
of  any  political  party  except  that  with  which  he  is  enrolled, 
but  he  may  change  his  enrollment  as  hereinafter  provided. 
The  county  auditor  shall  prepare  for  each  voting  precinct  two 
of  the  above  mentioned  lists  duly  certified  by  him,  and  taken 
from  the  poll  books  of  the  last  preceding  primary  election, 
which  he  shall  deliver  to  the  succeeding  primary  election 
boards  in  the  year  nineteen  hundred  ten  and  biennially  there- 
after, at  least  one  day  prior  to  the  day  of  the  primary  election, 
and  which  lists  together  with  the  poll  books  of  the  primary 
election  shall  be  returned  to  the  said  auditor  in  good  condition 
within  twenty-four  hours  after  the  primary  election,  to  be  pre- 
served by  him.  [32  G.  A.,  ch.  51,  §  7.] 

Sec.  1087-a8.     Change  of  affiliation — first  voter — removal. 

Any  person  who  has  thus  declared  his  party  affiliation  shall 
thereafter  be  listed  on  the  poll  books  as  a  member  of  that 
political  party,  and  such  person  while  a  resident  of  the  same 
voting  precinct  need  not  declare  his  party  affiliation  at  suc- 
ceeding primary  elections  unless  he  desires  to  change  his  party 
affiliation.  Any  elector,  who,  having  declared  his  party  affilia- 
tion, desires  to  change  the  same,  may,  not  less  than  ten  days 
prior  to  the  date  of  any  primary  election,  file  a  written  declara- 
tion with  the  county  auditor  stating  his  change  of  party  affilia- 
tion, and  the  auditor  shall  enter  a  record  of  such  change  on 
the  poll  books  of  the  last  preceding  primary  election  in  the 
proper  column  opposite  the  voter's  name  and  on  the  voting  list. 
Any  elector  whose  party  affiliation  has  for  any  reason  not 
been  registered  or  any  elector  who  has  changed  his  residence  to 
another  precinct,  or  a  first  voter  or  citizen  of  this  state  casting 
his  first  vote  in  this  state  shall  be  entitled  to  vote  at  any  sub- 
sequent primary  election  in  the  same  manner  and  upon  the 


40  PRIMARY    AND   GENERAL    ELECTION    LAWS 

same  terms  as  provided  in  section  seven  of  this  act,  and  the 
clerks  of  the  primary  election  shall  record  his  party  affiliation 
and  the  county  auditor  shall  add  his  name  to  the  alphabetical 
lists  for  use  in  subsequent  primary  elections  as  provided  for 
in  section  seven  of  this  act.  [32  G.  A.,  ch.  51,  §  8.] 

Sec.  1087-a9.  Challengers — affidavit.  Each  political  party 
shall  be  entitled  to  have  two  party  challengers  present  at  each 
polling  place,  to  be  appointed  by  the  respective  party  commit- 
teemen.  Any  judge  or  clerk  of  the  primary  election  or  any 
party  challenger  may  challenge  any  voter  upon  the  grounds 
mentioned  in  section  eleven  hundred  fifteen  of  the  code  and 
such  challenge  shall  be  determined  as  there  provided.  Any 
elector  whose  party  affiliation  has  been  recorded  as  provided 
by  this  act  and  who  desires  to  change  his  party  affiliation  on 
the  primary  election  day,  shall  be  subject  to  challenge.  If  the 
person  challenged  insists  that  he  is  entitled  to  vote  the  ticket 
of  the  political  party  to  which  he  has  transferred  his  political 
affiliation  and  the  challenge  is  not  withdrawn,  one  of  the 
judges  shall  tender  to  him  the  following  oath:  "You  do  sol- 
emnly swear  (or  affirm)  that  you  have  in  good  faith  changed 
your  party  affiliation  to  and  desire  to  be  a  member  of  the 

party."    And  if  he  take  such  oath 

he  shall  thereupon  be  given  a  ticket  of  such  political  party  and 
the  clerks  of  the  primary  election  shall  change  his  enrollment 
of  party  affiliation  accordingly.  [32  G.  A.,  ch.  51,  §  9.] 

Sec.  1087-al7.  Ballots  counted — returns.  Upon  the  closing 
of  the  polls  the  clerks  and  judges  shall  immediately  open  the 
ballot  box  and  proceed  to  take  therefrom  the  ballots.  Said 
officers  shall  count  the  number  of  ballots  cast  for  each  party, 
at  the  same  time  bunching  the  tickets  cast  for  each  party,  in 
separate  piles.  As  soon  as  the 'clerks  and  judges  shall  have 
sorted  the  ballots  of  each  party,  separately,  they  shall  take  the 
tally  sheets  provided  in  the  poll  books  and  shall  count  all  the 
ballots  for  each  party  separately  until  the  count  is  completed, 
and  shall  certify  to  the  number  of  votes  cast  for  each  candidate 
for  each  office  upon  the  ticket  of  each  party.  After  all  have 
been  counted  and  certified  to  by  the  clerk  and  judges,  they 
shall  seal  the  ballots  cast  by  each  of  the  parties  in  separate 
envelopes,  on  the  outside  of  which  shall  be  printed  or  written 
the  names  of  that  party's  candidates  for  the  different  offices, 
and  opposite  each  candidate's  name  shall  be  placed  the  number 


NOMINATIONS    BY    PRIMARY    ELECTION  41 

of  votes  cast  for  such  candidate  in  said  precinct,  and  then  seal 
the  envelopes  containing  the  votes  of  the  different  political 
parties,  in  one  large  envelope,  on  the  outside  of  which,  or  on 
a  paper  attached  thereto,  shall  be  printed  or  written,  in  per- 
pendicular columns,  the  names  of  the  several  political  parties 
with  the  names  of  the  candidates  for  the  different  offices  under 
their  respective  party  headings,  and  opposite  each  candidate's 
name  shall  be  placed  the  number  of  votes  cast  for  such  candi- 
date in  said  precinct,  and  at  the  bottom  the  total  vote  cast  by 
each  political  party  in  said  precinct,  and  such  envelopes  shall 
be  returned  to  the  county  auditor,  who  shall  carefully  preserve 
the  same  in  said  condition  and  deliver  them  to  the  county  board 
of  canvassers.  But  any  elector  of  the  county  shall  have  the 
right,  before  the  day  fixed  for  canvassing  the  returns,  to  ascer- 
tain the  vote  cast  for  any  candidate  in  any  precinct  in  the 
county,  as  shown  on  the  outside  of  the  large  envelope.  Said 
judges  of  election  shall  deliver  the  returns  so  made,  together 
.with  the  poll  books,  including  tally  sheets  and  certificates  of 
the  judges  and  clerks  written  thereon,  to  the  county  auditor 
within  twenty-four  hours  after  the  primary  election  has 
closed ;  and  if  the  returns  from  any  precinct  be  not  so  delivered 
within  the  said  time,  the  county  auditor  shall  forthwith  send  a 
messenger  for  any  such  missing  returns,  and  said  messenger 
shall  be  paid,  as  provided  by  law,  for  the  general  election.  [32 
G.  A.,  ch.  51,  §  17.] 

Sec.  1087-al9 — Canvass  by  board  of  supervisors — certifi- 
cates. On  the  second  Tuesday  next  following  the  primary  elec- 
tion in  June,  the  board  of  supervisors  shall  meet,  open,  and 
canvass  the  returns  from  each  voting  precinct  in  the  county, 
and  make  abstracts  thereof,  stating  in  words  written  at  length 
the  number  of  ballots  cast  in  the  county  by  each  political  party, 
separately,  for  each  office,  the  name  of  each  person  voted  for 
and  the  number  of  votes  given  to  each  person  for  each  different 
office  and  shall  sign  and  certify  thereto  and  file  the  same  with 
the  county  auditor.  Such  canvass  and  certificate  shall  be  final 
as  to  all  candidates  for  nomination  to  any  elective  county  office 
or  office  of  a  subdivision  of  a  county ;  and  the  candidate  or  can- 
didates of  each  political  party  for  each  office  to  be  filled  by  the 
voters  of  any  subdivision  of  a  county  having  received  the  high- 
est number  of  votes  shall  be  duly  and  legally  nominated  as  the 
candidate  of  his  party  for  such  office.  Provided,  however,  that 


42  PRIMARY  AND  GENERAL  ELECTION  LAWS 

no  candidate  whose  name  is  not  printed  on  the  official  primary 
ballot,  who  receives  less  than  five  per  centum  of  the  votes  cast 
in  such  subdivision  for  governor  on  the  party  ticket  with  which 
he  affiliates,  at  the  last  general  election,  nor  less  than  five 
votes  shall  be  declared  to  have  been  nominated  to  any  such 
office;  and  the  candidate  or  candidates  of  each  political  party 
for  each  office  to  be  filled  by  the  voters  of  the  county  having 
received  the  highest  number  of  votes,  and  not  less  than  thirty- 
five  per  centum  of  all  the  votes  cast  by  the  party  for  such 
office,  shall  be  duly  and  legally  nominated  as  the  candidate  of 
his  party  for  such  office.  Provided,  however,  that  no  candi- 
date whose  name  is  not  printed  on  the  official  ballot  who  re- 
ceives less  than  ten  per  centum  of  the  whole  number  of  votes 
cast  in  the  county  for  governor  on  the  party  ticket  with  which 
he  affiliates,  at  the  last  general  election  shall  be  declared  to 
have  been  nominated  to  any  such  office;  and  each  candidate 
so  nominated  shall  be  entitled  to  have  his  name  printed  on 
the  official  ballot  to  be  voted  for  at  the  general  election  without 
other  certificate,  and  the  board  shall  prepare  and  certify  a  list 
of  the  candidates  of  each  party  so  nominated,  separately,  and 
deliver  to  the  chairman  of  each  party  central  committee  for 
the  county  a  copy  of  the  list  of  candidates  nominated  by  the 
party  he  represents;  and  shall  also  prepare,  certify  and  de- 
liver to  such  chairman  a  list  of  the  offices  to  be  filled  by  the 
voters  of  a  county  for  which  no  candidate  of  his  party  was 
nominated,  together  with  the  names  of  the  candidate  for  each 
of  such  offices  voted  for  at  the  primary  election  and  the  num- 
ber of  votes  received  by  each  of  such  candidates.  [34  G.  A., 
ch.  59,  §  1 ;  34  G.  A.,  ch.  58,  §  2 ;  33  G.  A.,  ch.  69,  §  10 ;  32  G.  A., 
ch.  51,  §  19.] 

Sec.  1087-al8.  Recount  of  ballots.  Any  candidate  whose 
name  appears  upon  the  official  primary  ballot  of  any  voting 
precinct  may  require  the  board  of  supervisors  of  the  county 
in  which  such  precinct  is  situated  to  recount  the  ballots  cast 
in  any  such  precinct  as  to  the  office  for  which  he  was  a  candi- 
date, at  the  time  fixed  for  canvassing  the  returns  of  the  judges 
of  election,  by  filing  with  the  county  auditor  not  later  than  the 
day  before  such  meeting,  a  showing  in  writing,  duly  sworn  to 
by  such  candidate,  that  fraud  was  committed,  or  error  or  mis- 
take made,  in  counting  or  returning  the  votes  cast  in  any  such 
precinct  as  to  the  office  for  which  he  was  a  candidate.  The 


NOMINATIONS    BY    PRIMARY    ELECTION  43 

showing  must  be  specified  and  from  it  there  must  appear  rea- 
sonable ground  to  believe  that  a  recount  of  the  ballots  would 
produce  a  result  as  to  his  candidacy  different  from  the  returns 
made  by  the  judges.  If  such  showing  is  made  to  the  satisfac- 
tion of  the  board,  it  shall  thereupon  recount  the  ballots  cast  in 
any  such  precinct  for  the  office  for  which  the  contestant  was 
a  candidate,  and  if  the  result  reached  by  the  board  on  the  re- 
count of  the  ballots  as  to  such  office  be  different  from  that 
returned  by  the  judges  of  election  it  shall  be  substituted  there- 
for as  the  true  and  correct  return  and  so  regarded  in  all  subse- 
quent proceedings.  The  action  of  the  board  shall  be  final  and 
no  other  contest  of  any  kind  shall  be  permitted.  The  term 
"candidate"  as  used  in  this  section  shall  include  and  apply  to 
persons  voted  for  for  delegates  and  party  committeemen.  [33 
G.  A.,  ch.  69,  §  9 ;  32  G.  A.,  ch.  51,  §  18.] 

Sec.  1087-a20.     Abstracts  forwarded  to  secretary  of  state. 

The  county  board  of  canvassers  shall  also  make  a  separate  ab- 
stract of  the  canvass  as  to  the  following  offices  and  certify  to 
the  same  and  forthwith  forward  it  to  the  secretary  of  state, 
viz.: 

United  'States  senator, 

Electors  of  the  president  and  vice  president  of  the  United 
States, 

All  state  offices, 

Representative  in  congress, 

Senators  and  representatives  in  the  general  assembly.  [32 
G.  A.,  ch.  51,  §  20.] 

Sec.  1087-a21.  County  returns  filed — published  proceedings 
of  canvassing  board.  When  the  canvass  is  concluded,  the  board 
shall  deliver  the  original  returns  to  the  auditor,  who  shall  file 
the  same  and  record  each  of  the  abstracts  above  mentioned  in 
the.  election  book.  The  published  proceedings  of  the  board  of 
supervisors  as  a  canvassing  board  shall  contain  only  a  brief 
statement  of  the  names  of  the  candidates  nominated  by  the 
electors  of  any  county  or  subdivision  thereof  under  the  title 
of  the  office  for  which  they  are  nominated,  and  a  statement  of 
the  title  of  the  office  for  which  they  are  nominated,  and  a  state- 
ment of  the  title  of  the  county  offices,  if  any,  for  which  no  nom- 
ination was  made  by  any  political  party  participating  in  the  pri- 
mary election  for  the  failure  of  any  one  of  its  candidates  for 


44  PRIMARY  AND  GENERAL  ELECTION  LAWS 

any  office  to  receive  thirty-five  per  centum  of  all  the  votes  cast 
by  the  party  for  such  office.  [36  G.  A.,  ch.  102,  §  1 ;  33  G.  A., 
ch.  69,  §  11 ;  32  G.  A.,  ch.  51,  §  21.] 

Sec.  1087-a22.    Canvass  by  state  board— certificates.     On 

the  second  Monday  after  the  June  primary  election,  the  execu- 
tive council  shall  meet  as  a  canvassing  board,  and  open  and  can- 
vass the  abstract  returns  received  from  each  county  in  the 
state.  If  returns  are  not  received  from  all  the  counties,  the 
secretary  of  state  shall  immediately  send  a  messenger  after 
the  abstract  returns  and  the  board  may  adjourn  from  day  to 
day  until  they  are  received.  The  board  shall  make  an  abstract 
of  its  canvass,  stating  in  words  written  at  length,  the  number 
of  ballots  cast  by  each  political  party,  separately,  for  each  office 
designated  in  section  twenty  hereof,  the  names  of  all  the  per- 
sons voted  for,  and  the  number  of  votes  received  by  each 
person  for  each  office,  and  shall  sign  and  certify  thereto.  Such 
canvass  and  certificates  shall  be  final  as  to  all  candidates  named 
therein ;  and  the  candidate  of  each  political  party  for  each  office 
to  be  filled  by  vote  of  the  people,  including  the  office  of  senator 
in  the  congress  of  the  United  States,  having  received  the  high- 
est number  of  votes  in  the  state  or  district  of  the  state,  as  the 
case  may  be,  provided  he  received  not  less  than  thirty-five  per 
centum  of  all  the  votes  cast  by  the  party  for  such  office,  shall 
be  duly  and  legally  nominated  as  the  candidate  of  his  party  for 
such  office,  provided  however  that  no  candidate  whose  name 
is  not  printed  on  the  official  ballot  who  receives  less  than  ten 
per  centum  of  the  whole  number  of  votes  cast  in  the  state  or 
district  of  the  state  as  the  case  may  be,  for  governor  on  the 
party  ticket  with  which  he  affiliates,  at  the  last  general  elec- 
tion shall  be  declared  to  have  been  nominated  to  any  such 
office  and  each  candidate  so  nominated  shall  be  entitled  to 
have  his  name  printed  on  the  official  ballot  to  be  voted  at  the 
general  election  without  other  certificate;  and  the  board  shall 
prepare  and  certify  a  list  of  the  candidates  of  each  party  so 
nominated,  separately,  and  deliver  to  the  chairman  of  each 
party  central  committee  for  the  state  a  copy  of  the  list  of  can- 
didates nominated  by  the  party  he  represents;  and  shall  also 
forthwith  prepare  a  certificate  as  to  each  office,  separately,  for 
which  no  candidate  was  nominated,  by  reason  of  the  failure  of 
any  candidate  for  any  such  office  to  receive  thirty-five  per 
centum  of  all  votes  cast  by  such  party  for  such  office,  together 


NOMINATIONS    BY    PRIMARY    ELECTION  45 

with  the  names  of  the  several  candidates  for  each  of  such 
offices  voted  for  at  the  primary  election  and  the  number  of 
votes  received  by  each  of  such  candidates  and  send  such  cer- 
tificate to  the  chairman  of  the  party  central  committee  for  the 
state,  in  case  of  offices  to  be  filled  by  the  voters  of  the  entire 
state,  and  to  the  chairman  of  the  party  central  committee  for 
a  district  of  the  state,  if  known,  in  case  of  offices  to  be  filled 
by  the  voters  of  any  such  district  of  the  state  composed  of 
more  than  one  county,  and  to  the  county  auditor  of  each  county 
in  any  such  district,  and  to  the  county  auditor  and  the  chair- 
man of  the  party  central  committee  for  the  county,  in  case  any 
such  district  is  composed  of  one  county.  The  candidate  of  any 
party  for  the  office  of  senator  in  the  congress  of  the  United 
States  having  received  the  highest  number  of  votes  of  his 
party  in  the  state,  shall  be  the  nominee  of  his  party  for  such 
office.*  (38  G.  A.,  ch.  253;  35  G.  A.,  ch.  109,  §  2;  33  G.  A.,  ch. 
69,  §  12;  32  G.  A.,  ch.  51,  §  22.] 

Sec.  1087-a23.  State  returns  filed — nominations  certified  to 
county  auditor.  When  the  canvass  is  concluded,  the  board 
shall  deliver  the  original  abstract  returns  to  the  secretary  of 
state,  who  shall  file  the  same  in  his  office  and  record  the  ab- 
stracts of  the  canvass  of  the  state  board  and  certificates  at- 
tached thereto  in  the  book  kept  by  him  known  as  the  election 
book ;  and  not  less  than  fifteen  days  before  the  general  election 
he  shall  certify  to  the  auditor  of  each  county,  under  separate 
party  headings,  the  name  of  each  person  nominated  as  shown 
by  the  official  canvass  made  by  the  executive  council,  or  as 
certified  to  him  by  the  proper  persons  when  any  person  has 
been  nominated  by  a  convention  or  party  committee,  his  place 
of  residence,  the  office  to  which  he  is  nominated,  and  the  order 
in  which  the  tickets  of  the  several  political  parties  shall  appear 
on  the  official  ballot.  Should  a  vacancy  in  the  nominations 
occur  and  be  filled  after  such  certificate  has  been  forwarded,  a 
like  certificate  shall  at  once  be  made  and  sent  to  the  proper 
officer  together  with  a  statement  showing  the  reason  for  its 
subsequent  issue.  [33  G.  A.,  ch.  69,  §  17;  32  G.  A.,  ch.  51,  §  23.] 

Sec.  1087-a24.  Tie  vote — vacancies.  In  case  of  a  tie  vote 
resulting  in  no  nomination  for  any  office,  or  election  of  dele- 
gates or  party  committeeman,  the  tie  shall  forthwith  be  deter- 
mined by  lot  by  the  board  of  canvassers,  or  judges  of  election, 

•Remaining  portion  of  this  section  is  now  obsolete. 


46  PRIMARY  AND  GENERAL  ELECTION  LAWS 

as  the  case  may  be.  Vacancies  occurring  in  nominations  made 
in  the  primary  election  before  the  holding  of  the  county,  dis- 
trict or  state  convention,  shall  be  filled  by  the  county  conven- 
tion if  the  office  in  which  the  vacancy  in  nomination  occurs  is 
to  be  filled  by  the  voters  of  the  county ;  by  a  district  convention 
if  the  office  in  which  the  vacancy  in  nomination  occurs  is  to  be 
filled  by  the  voters  of  a  district  composed  of  more  than  one 
county;  by  the  state  convention  if  the  office  in  which  the  va- 
cancy occurs  is  to  be  filled  by  the  voters  of  the  entire  state. 
Vacancies  in  nominations  in  such  offices  occurring  after  the 
holding  of  a  county,  district  or  state  convention,  or  on  failure 
of  any  such  convention  to  fill  a  vacancy  in  a  nomination,  as 
aforesaid,  then  it  shall  be  filled  by  the  party  committee  for  the 
county,  district  or  state,  as  the  case  may  be.  If  a  vacancy 
shall  occur  in  any  such  office  too  late  for  the  filing  of  nomina- 
tion papers  for  candidates  therefor  in  the  primary  election  and 
before  the  holding  of  a  county,  district  or  state  convention,  as 
the  case  may  be,  then  the  convention  having  jurisdiction  shall 
make  nomination  for  such  office ;  and  if  a  vacancy  in  any  such 
office  shall  occur  after  the  holding  of  a  county,  district  or  state 
convention,  then  nomination  for  such  office  may  be  made  by 
the  party  committee  for  the  county,  district  or  state,  as  the 
case  may  be.  Vacancies  in  nominations  for  offices  to  be  filled 
by  the  voters  of  a  territory  smaller  than  a  county  shall  be 
filled  by  the  members  of  the  party  committee  for  the  county 
from  such  subdivision.  Nominations  made  as  above  provided 
and  as  provided  in  sections  ten  hundred  eighty-seven-a  twen- 
ty-five, ten  hundred  eighty-seven-a  twenty-six  and  ten  hun- 
dred eighty-seven-a  twenty-seven  of  the  supplement  to  the 
code,  1907,  shall  be  certified  forthwith  to  the  proper  officer  by 
the  chairman  and  secretary  of  the  convention  or  committee  as 
the  case  may  be,  and  if  received  in  time  shall  be  printed  upon 
the  official  ballots  the  same  as  if  the  nomination  had  been  made 
in  the  primary  election.  Such  certificate  of  nomination  shall 
state  the  name,  place  of  residence,  and  postoffice  address  of  the 
person  nominated,  the  office  to  which  he  is  nominated  and  the 
name  of  the  political  party  making  the  nomination.  [35  G.  A., 
ch.  109,  §  9 ;  33  G.  A.,  ch.  69,  §  13 ;  32  Ex.  G.  A.,  ch.  1,  §  1 ;  32 
G.  A.,  ch.  51,  §  24] 

Sec.  1087-a24a.    United  States  senator — vacancy — nomina- 
tion.   In  case  of  death,  withdrawal,  or  inability  to  act,  for  any 


NOMINATIONS    BY,    PRIMARY    ELECTION  47 

cause,  of  a  party's  candidate  for  senator  in  the  congress  of  the 
United  States,  as  expressed  in  the  regular  June  primary,  such 
vacancy  shall  be  filled  by  the  state  convention  of  said  party, 
held  in  accordance  with  the  provisions  of  section  ten  hundred 
eighty-seven-a  twenty-seven  of  the  supplement  to  the  code, 
1907 ;  provided  that  if  such  vacancy  occurs  after  the  holding  of 
said  convention  and  thirty  days  prior  to  the  holding  of  the  reg- 
ular November  election,  said  delegates  to  said  convention  shall 
be  reconvened  within  ten  days  after  such  vacancy  has  occurred, 
by  the  chairman  of  said  party's  state  central  committee,  and  a 
party  candidate  shall  be  named  in  said  convention  to  fill  such 
vacancy.*  [35  G.  A.,  ch.  109,  §  9 ;  32  Ex.  G.  A.,  ch.  1,  §  1.] 

Sec.  1087-a25.  County  convention — delegates — committee- 
men.  In  each  county  there  shall  be  held  in  each  year  in  which 
a  general  election  in  November  is  to  take  place  a  county  con- 
vention of  each  political  party.  Said  county  convention  shall 
be  composed  of  delegates  elected  at  the  last  preceding  primary 
election,  and  shall  be  held  on  the  fourth  Saturday  following 
the  primary  election,  convening  at  eleven  o'clock  a.  m.  The 
number  of  delegates  from  each  voting  precinct  shall  be  deter- 
mined by  a  ratio  adopted  by  the  respective  party  county  central 
committees,  and  shall  be  thus  determined  and  a  statement 
designating  the  number  from  each  voting  precinct  in  the 
county  filed  in  the  office  of  the  county  auditor  at  least  thirty 
days  before  the  primary  election;  if  not  so  done,  the  auditor 
shall  fix  the  number.  The  requisite  number  of  names  of  can- 
didates of  his  choice  for  delegates  to  the  county  convention  to 
which  each  precinct  is  entitled  shall  be  written,  or  pasted  with 
uniform  white  pasters,  on  the  blank  lines  upon  the  ballot  by 
the  voter  while  in  the  booth,  or  by  someone  designated  by  a 
voter  unable  to  write,  after  the  ballots  are  received  and  before 
they  are  deposited,  and  the  requisite  number  of  persons  from 
each  precinct  who  receive  the  highest  number  of  votes  shall  be 
the  delegates  from  the  precinct  to  the  county  convention.  The 
term  of  office  of  such  delegate  shall  begin  on  the  day  following 
the  final  canvass  of  the  votes  by  the  board  of  supervisors,  and 
shall  continue  for  two  years  and  until  their  successors  are 
elected.  One  member  of  the  county  central  committee  for  each 
political  party  from  each  precinct  shall  be  elected.  His  term 


'Remaining  portion  of  Sec.  1087-a24a,  supplement  to  the  code.  1913,  is  rendered 
inoperative  by  amendment  to  the  U.  S.  constitution  (Art.  XVII)  and  by  Sec. 
1087-c. 


48  PRIMARY  AND  GENERAL  ELECTION  LAWS 

of  office  shall  begin  on  the  day  of  the  county  convention  and 
immediately  following  the  adjournment  thereof  and  shall  con- 
tinue for  two  years  and  until  his  successor  is  elected  and 
qualified,  unless  such  committeeman  shall  be  removed  by  the 
county  central  committee  for  inattention  to  the  duties  of  his 
position,  incompetency  or  failure  to  support  the  ticket  nomi- 
nated by  the  party  which  elected  him  to  such  position.  The 
county  central  committee  elected  in  the  primary  election  shall 
organize  on  the  day  of  the  convention,  immediately  following 
the  same.  Vacancies  in  such  committee  may  be  filled  by  ma- 
jority vote  of  the  committee.  Returns  shall  be  made  by  the 
judges  of  election  respecting  delegates  and  members  of  the 
county  central  committee  in  the  same  manner  as  for  other 
offices,  except  that  the  judges  of  election  shall  canvass  the 
returns  as  to  delegates  and  members  of  the  county  central 
committee,  and  certify  the  result  to  the  auditor  with  the  re- 
turns. The  auditor  shall,  immediately  after  the  final  count 
and  canvass  of  the  votes  and  returns  by  the  board  of  super- 
visors, notify  the  delegates  and  members  of  the  county  central 
committee  who  have  thus  been  elected,  of  their  election,  and 
of  the  time  and  place  of  holding  the  county  convention,  and 
shall  on  the  second  Thursday  following  the  primary  election, 
deliver  a  certified  list  thereof  to  the  chairmen  of  the  respective 
party  central  committees  for  the  county.  When  the  delegates, 
or  a  majority  thereof,  or  when  delegates  representing  a  major- 
ity of  the  precincts,  thus  elected,  shall  have  assembled  in  the 
county  convention  at  the  time  herein  prescribed  and  at  the 
county  seat,  the  convention  shall  be  called  to  order  by  the 
chairman  of  the  county  central  committee,  who  shall  present 
the  certified  list  of  delegates  and  members  of  the  county  cen- 
tral committee,  and  a  list  of  the  offices  for  which  no  nomina- 
tion was  made  at  the  primary  election,  by  reason  of  the  failure 
of  any  candidate  for  any  such  office  to  receive  thirty-five  per 
centum  of  all  votes  cast  by  such  party  therefor.  If  any  pre- 
cinct shall  not  be  fully  represented  the  delegates  present  from 
such  precinct  shall  cast  the  full  vote  thereof,  but  there  shall 
be  no  proxies.  The  said  county  convention  shall  make  nomi- 
nations of  candidates  for  the  party  for  any  office  to  be  filled 
by  the  voters  of  a  county  when  no  candidate  for  such  office 
has  been  nominated  at  the  preceding 'primary  election  by  rea- 
son of  the  failure  of  any  candidate  for  any  such  office  to  receive 
thirty-five  per  centum  of  all  votes  cast  by  such  party  therefor, 


NOMINATIONS    BY    PRIMARY    ELECTION  49 

as  shown  by  the  canvass  of  the  returns  provided  for  in  section 
nineteen1  of  this  act,  and  shall  nominate  candidates  for  the 
office  of  judge  of  the  district  court  in  counties  comprising  one 
judicial  district  of  the  state,2  and  shall  select  delegates  to  the 
next  ensuing  state  and  district  conventions  of  that  year  upon 
such  ratio  of  representation  as  may  be  determined  by  the  party 
organization  for  the  state,  district  or  districts  of  the  state,  as 
the  case  may  be,  but  no  delegates  shall  be  so  selected  to  any  of 
the  district  conventions  referred  to  in  section  twenty-six3  of 
this  act,  except  judicial  conventions,  unless  a  call  therefor  has 
been  issued  as  therein  provided.  The  said  county  convention 
shall  also  elect  a  member  of  the  party  central  committee  for 
the  senatorial,  judicial,  and  congressional  districts  composed  of 
more  than  one  county.  But  in  no  case  shall  the  county  con- 
vention make  a  nomination  for  an  office  for  which  no  person 
was  voted  for  in  the  primary  election  of  such  party,  except 
for  judges  of  the  superior  and  district  courts.  [33  G.  A.,  ch. 
69,  §  14;  32  G.  A.,  ch.  51,  §  25.] 

Sec.  1087-a26.  District  convention.  In  any  senatorial,  ju- 
dicial, or  congressional  district  composed  of  more  than  one 
county,  in  any  year  in  which  a  senator  in  the  general  assem- 
bly, a  judge  of  the  district  court,  or  a  representative  in  the 
congress  of  the  United  States,  is  to  be  elected,  a  senatorial  or 
congressional  convention  may  be  held,  and  a  judicial  conven- 
tion shall  be  held  by  each  political  party  participating  in  the 
primary  election  of  that  year.  Not  less  than  ten  days  and  not 
more  than  sixty  days  before  the  day  fixed  for  holding  the 
county  convention  a  call  for  such  senatorial,  judicial  and  con- 
gressional convention  to  be  held  shall  be  issued  by  the  party 
central  committee  for  any  such  district  and  published  in  at 
least  one  newspaper  of  general  circulation  of  each  county  com- 
posing any  such  district  and  which  call  shall  state  among  other 
things  the  number  of  delegates  each  county  of  the  district 
shall  be  entitled  to  and  the  time  and  place  of  holding  the  con- 
vention. Any  such  call  shall  be  signed  by  the  chairman  of  the 
party  central  committee  for  any  such  district,  and  be  filed  by 
him  with  the  county  auditor  not  less  than  five  days  before  the 
county  convention  and  the  county  auditor  shall  attach  a  true 
copy  thereof  to  the  certified  list  of  delegates  required  to  be 


iSee  Sec.  1087-al9. 
2See  Sec.   1087-b2. 
3See  Sec.  1087-a26. 
4 


50  PRIMARY  AND  GENERAL  ELECTION  LAWS 

delivered  by  him  to  the  chairmen  of  the  respective  party 
county  central  committees.  In  case  no  nomination  was  made 
in  the  primary  election  for  the  office  of  senator  in  the  general 
assembly  in  any  district  composed  of  more  than  one  county,  or 
for  the  office  of  representative  in  congress  of  the  United  States, 
by  reason  of  the  failure  of  any  candidate  for  any  office  to 
receive  thirty-five  per  centum  of  all  votes  cast  by  his  party 
therefor,  as  shown  by  the  certificate  issued  by  the  state  board 
of  canvassers  provided  for  in  this  act,  then  in  any  such  district 
the  chairman  of  the  party  central  committee  therefor  shall 
forthwith  issue  such  call  for  a  convention  in  such  district  and 
deliver  the  same  to  the  county  auditor  of  each  county  in  the 
district  and  in  such  case  said  call  need  not  be  published.  No 
such  district  convention  shall  be  held  earlier  than  the  first 
Thursday  or  later  than  the  fifth  Thursday  following  the  county 
convention.  The  convention  when  organized  shall  make  nomi- 
nations of  candidates  for  the  party  for  any  such  district  office 
when  no  candidate  for  such  office  has  been  nominated  at  the 
preceding  primary  election,  by  reason  of  the  failure  of  any 
candidate  for  any  such  office  to  receive  thirty-five  per  centum 
of  all  votes  cast  by  such  party  therefor,  as  shown  by  the  can- 
vass of  the  votes  provided  for  in  section  twenty-two1  hereof. 
The  organization  of  and  procedure  in  any  such  •  district  con- 
vention shall  be  the  same  as  in  the  state  convention.  Such 
district  conventions  may  adopt  party  platforms  and  transact 
such  other  business  as  may  properly  be  brought  before  them. 
But  in  no  case  shall  any  such  convention  of  a  party  make  a 
nomination  for  an  office  for  which  no  person  was  voted  for  in 
the  primary  election  of  such  party,  except  for  judges  of  the 
district  court.  .[33  G.  A.,  ch.  69,  §  15;  32  G.  A.,  ch.  51,  §  26.] 

Sec.  1087-a27.     State  convention — state  central  committee. 

A  state  convention  of  each  political  party,  composed  of  dele- 
gates chosen  in  the  manner  herein  provided,  shall  be  held  not 
earlier  than  the  first  Wednesday  and  not  later  than  the  fifth 
Wednesday  following  the  county  convention,  in  the  year  nine- 
teen hundred  and  eight,  and  biennially  thereafter,  convening  at 
such  time  and  place  as  may  be  determined  upon  by  the  party 
organization.  The  convention  shall  be  called  to  order  by  the 
chairman  of  the  state  central  committee,  who  shall  thereupon 
present  a  list  of  delegates,  as  certified  by  the  various  county 


Sec.  1087-a22. 


NOMINATIONS    BY    PRIMARY    ELECTION  51 

conventions,  and  effect  a  temporary  organization.  If  any 
county  shall  not  be  fully  represented,  the  delegates  present 
from  such  cqunty  shall  cast  the  full  vote  thereof,  but  there 
shall  be  no  proxies.  Such  convention  when  permanently  or- 
ganized shall  formulate  and  adopt  the  state  platform  of  the 
party  it  represents,  and  shall  make  nominations  of  candidates 
for  the  party  for  any  state  office  to  be  filled  by  the  voters  of 
the  entire  state,  including  the  office  of  senator  in  the  congress 
of  the  United  States,  when  no  candidate  for  such  office  has 
been  nominated  at  the  preceding  primary  election,  by  reason 
of  the  failure  of  any  candidate  for  any  such  office  to  receive 
thirty-five  per  centum  of  all  votes  cast  by  such  party  therefor, 
as  shown  by  the  canvass  of  the  returns  provided  for  in  section 
twenty-two1  hereof;  and  shall  nominate  candidates  for  the 
office  of  judge  of  the  supreme  court.  It  shall  also  elect  a  state 
central  committee  consisting  of  not  less  than  one  member  from 
each  congressional  district  and  transact  such  other  business  as 
may  properly  be  brought  before  it.  The  state  central  commit- 
tee elected  at  said  state  convention  may  organize  at  pleasure 
for  political  work  as  is  usual  and  customary  with  such  com- 
mittees and  shall  continue  to  act  until  succeeded  by  another 
committee  duly  elected.  But  in  no  case  shall  the  state  conven- 
tion of  a  party  make  a  nomination  for  an  office  for  which  no 
person  was  voted  for  in  the  primary  election  of  such  party, 
except  for  judges  of  the  supreme  court.  [35  G.  A.,  ch.  109, 
§  3 ;  33  G.  A.,  ch.  69,  §  16 ;  32  G.  A.,  ch.  51,  §  27.] 

Sec.  1087-a28.  Existing  party  committees.  The  regularly 
organized  political  committees  of  each  party  as  at  present  or 
hereafter  constituted  may  continue  to  act  until  supplanted  by 
the  committees  elected  under  the  provisions  of  this  act.  [32 
G.  A.,  ch.  51,  §  28.] 

Sec.  1087-a34.  Primary  elections  in  certain  cities.  The  pro- 
visions of  this  act  shall,  so  far  as  applicable,  govern  the  nomi- 
nations of  candidates  by  political  parties  for  all  offices  to  be 
filled  by  a  direct  vote  of  the  people  in  cities  of  the  first  class  and 
cities  acting  under  a  special  charter  having  a  population  of 
over  fifteen  thousand,  except  all  such  special  charter  cities 
and  cities  of  the  first  class  as  have  by  vote  of  the  people 
adopted  a  plan  of  municipal  government  which  specifically 
provides  for  a  nonpartisan  primary  election.  The  duties  de- 


Sec.  1087-a22. 


52  PRIMARY  AND  GENERAL  ELECTION  LAWS 

volving  upon  the  county  auditor,  by  the  foregoing  provisions 
of  this  act,  shall,  in  municipal  elections,  devolve  upon  the  city 
auditor  and  the  duties  devolving  upon  the  board  of  super- 
visors by  the  foregoing  provisions  of  this  act  [shall]  devolve 
upon  the  city  council  which  shall  meet  to  perform  said  duties 
within  two  days  next  following  the  primary  election.  The  date 
of  the  municipal  primary  election  shall  be  the  last  Monday  in 
February  of  each  year  in  which  a  municipal  election  is  held  in 
said  cities,  after  the  year  nineteen  hundred  seven,  and  the  per- 
centage of  voters  signing  petitions  required  for  printing  the 
name  of  a  candidate  upon  the  official  primary  ballot  shall  be 
the  same  as  is  required  of  a  candidate  for  a  county  office  and 
shall  be  based  upon  the  vote  cast  for  mayor  by  the  respective 
parties  in  the  preceding  city  election.  The  names  of  candi- 
dates for  ward  aldermen,  for  city  precinct  committeemen  and 
for  delegates  to  the  city  convention,  shall  not  be  printed  upon 
the  official  primary  ballot  bub  in  each  case  a  blank  line  or  lines 
shall  be  provided  therefor.  A  plurality  shall  nominate  the 
party  candidate  for  alderman  and  a  plurality  shall  elect  the 
precinct  committeemen  and  delegates  to  the  city  convention. 
The  entire  expense  of  conducting  a  primary  election  provided 
for  in  this  section  shall  be  audited  by  the  city  council  and  paid 
by  the  city.  This  section  shall  not  be  held  to  repeal  any  law 
which  provides  for  the  adoption  of  a  plan  of  municipal  gov- 
ernment by  vote  of  the  people  and  which  embraces  a  nonpar- 
tisan  primary  election.  [32  G.  A.,  ch.  51,  §  35.] 

Sec.  1087-a35.  Repeal.  Chapter  forty  of  the  laws  of  the 
thirtieth  general  assembly,  relating  to  primary  elections ;  and 
chapters  forty-five  and  forty-six  of  the  laws  of  the  thirty-first 
general  assembly,  relating  to  primary  elections,  are  hereby  re- 
pealed. [32  G.  A.,  ch.  51,  §  34] 

Sec.  1087-a31.  Misconduct  of  election  officials — penalty. 
Any  party  committeeman  or  any  primary  election  or  other  pub- 
lic officer  upon  whom  a  duty  is  imposed  by  this  act  or  by  acts 
herein  made  applicable  to  primary  elections,  who  shall  wilfully 
neglect  to  perform  any  such  duty,  or  who  shall  wilfully  per- 
form it  in  such  a  way  as  to  hinder  the  objects  thereof,  or  shall 
disclose  to  anyone,  except  as  may  be  ordered  by  any  court  of 
justice,  the  contents  of  any  ballot  or  any  part  thereof,  as  to 
the  manner  in  which  the  same  may  have  been  voted,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 


NOMINATION    BY    CONVENTION,    OR   PETITION  53 

more  than  one  thousand  dollars,  or  by  imprisoment  in  the 
penitentiary  not  to  exceed  five  years,  or  by  both  such  fine  and 
imprisonment.  [32  G.  A.,  ch.  51,  §  31.] 

Sec.  1087-a29.  Nomination  by  petition.  Nothing  contained 
in  this  act  shall  be  construed  so  as  to  prohibit  nomination  of 
candidates  for  office  by  petition  as  now  authorized  by  law ;  but 
no  person  so  nominated  shall  be  permitted  to  use  the  name  of 
any  political  party  authorized  or  entitled  under  this  act  to 
nominate  a  ticket  by  primary  vote  or  that  has  nominated  a 
ticket  by  primary  vote  under  the  provisions  of  this  act.  [32 
G.  A.,  ch.  51,  §  29.] 

Sec.  1087-a30.  Special  elections.  This  act  shall  not  apply 
to  special  elections  to  fill  vacancies.  [32  G.  A.,  ch.  51,  §  30.] 


DIVISION  VIII. 
NOMINATION  BY  CONVENTION,  OR  PETITION. 

Sec.  1098.  Nomination  by  convention.  Any  convention  of 
delegates,  and  any  primary,  caucus  or  meeting  of  qualified 
electors,  representing  a  political  party  which,  at  the  general 
election  next  preceding,  polled  at  least  two  per  cent  of  the  en- 
tire vote  cast  in  the  state,  may,  for  the  state,  or  any  division  or 
municipality  thereof  for  which,  the  same  is  held,  make  one 
nomination  of  a  candidate  for  each  office  therein  to  be  filled 
at  the  election,  and  any  such  convention,  primary,  caucus  or 
meeting,  representing  a  political  party  which,  at  the  general 
election  next  preceding,  polled  at  least  two  per  cent  of  the 
entire  vote  cast  in  any  division  or  municipality  of  the  state, 
may,  for  such  division  or  municipality,  or  for  any  political  sub- 
division thereof  for  which  the  same  is  held,  make  one  such 
nomination  for  each  office  therein  to  be  filled  at  the  election. 
[24  G.  A.,  ch.  33,  §  4.] 

Sec.  1099.  Certificates.  Certificates  of  nominations,  made 
as  provided  in  the  preceding  section,  shall,  besides  containing 
the  names  of  candidates,  specify  as  to  each: 

1.  The  office  to  which  he  is  nominated ; 

2.  The  party  making  such  nomination,  or  political  principle 
which  he  represents,  expressed  in  not  more  than  five  words ; 


54  PRIMARY  AND  GENERAL  ELECTION  LAWS 

3.  His  place  of  residence,  with  the  street  and  number  there- 
of, if  any. 

In  case  of  electors  for  president  and  vice  president  of  the 
United  States,  the  names  of  the  candidates  for  president  and 
vice  president  shall  be  added  to  the  party  or  political  name. 
Every  such  certificate  of  nomination  shall  be  signed  by  the  pre- 
siding officer  and  secretary  of  the  convention,  caucus  or  meet- 
ing of  qualified  electors,  or  by  the  board  of  canvassers  to  which 
the  returns  of  such  primary  election  are  made,  each  of  whom 
shall  add  to  his  signature  his  place  of  residence,  and  shall  be 
sworn  to  by  each  signer  thereof  to  be  true  to  the  best  of  his 
knowledge  and  belief,  and  a  certificate  of  the  oath  shall  be  an- 
nexed to  the  certificate  of  nomination.  The  presiding  officer 
and  secretary  of  each  convention,  primary,  caucus  or  meeting 
shall  also  certify,  to  the  officer  with  whom  the  nomination  cer- 
tificates are  filed,  the  names  and  addresses  of  each  of  the  mem- 
bers of  the  executive  or  central  committee  appointed  or  elected 
by  or  representing  it,  and  the  provisions,  if  any,  made  by  it  for 
filling  vacancies  in  nominations ;  and  this  may  be  done  in  the 
nomination  certificate,  or  by  a  separate  certificate.  [38  G.  A., 
ch.  86,  §  1 ;  24  G.  A.,  ch.  33,  §§  4,  6.] 

Sec.  1103.  Objections.  All  objections  or  other  questions 
arising  in  relation  to  certificates  of  nomination  or  nomination 
papers  shall  be  filed  with  the  officer  with  whom  the  certificate 
of  nomination  or  nomination  papers  to  which  objection  is  made 
are  filed.  Those  with  the  secretary  of  state  shall  be  filed  not 
less  than  twenty  days,  and  those  with  other  officers  not  less 
than  eight  days,  before  the  day  of  election,  except  that  nomi- 
nations to  fill  vacancies  occurring  after  said  time,  or  in  case  of 
nomination  made  to  be  voted  on  at  a  special  election,  objections 
shall  be  filed  within  three  days  after  the  filing  of  the  certificate 
or  nomination  papers.  Objections  filed  with  the  secretary  of 
state  shall  be  considered  by  the  secretary  and  auditor- of  state 
and  attorney  general,  and  a  majority  decision  shall  be  final; 
but  if  the  objection  is  to  the  certificate  or  nomination  papers 
of  one  or  more  of  the  above  named  officers,  said  officer  or  offi- 
cers so  objected  to  shall  not  pass  upon  the  same,  but  their 
places  shall  be  filled,  respectively,  by  the  treasurer  of  state, 
the  governor,  and  the  superintendent  of  public  instruction.  Ob- 
jections filed  with  the  county  auditor  shall  be  considered  by  the 
county  auditor,  clerk  of  the  district  court  and  county  attorney, 


NOMINATION    BY    CONVENTION,    OR    PETITION  55 

and  a  majority  decision  shall  be  final;  but  if  the  objection  is 
to  the  certificate  or  nomination  papers  of  one  or  more  of  the 
above  named  county  officers,  said  officer  or  officers  so  objected 
to  shall  not  pass  upon  such  objection,  but  their  places  shall  be 
filled,  respectively,  by  the  county  treasurer,  the  sheriff  and 
county  superintendent.  Objections  filed  with  the  city  or  town 
clerk  shall  be  considered  by  the  mayor  and  clerk  and  one  mem- 
ber of  the  council  chosen  by  the  council  by  ballot,  and  a  major- 
ity decision  shall  be  final;  but  if  the  objection  is  to  the  certifi- 
cate or  nomination  papers  of  either  of  said  city  or  town  officials, 
he  shall  .not  pass  upon  said  objection,  but  his  place  shall  be 
filled  by  a  member  of  the  council  against  whom  no  such  objec- 
tion exists,  chosen  as  above  provided.  When  any  of  the  above 
objections  are  made,  notice  shall  forthwith  be  given  to  the  can- 
didate affected  thereby,  addressed  to  his  place  of  residence  as 
given  in  the  certificate  or  nomination  papers,  stating  that 
objections  have  been  made  to  his  certificate  or  nomination 
papers,  also  stating  the  time  and  place  such  objections  will  be 
considered.  [24  G.  A.,  ch.  33,  §  10.] 

Sec.  1100.  Nominations  by  petition.  Nominations  for  can- 
didates for  state  offices  may  also  be  made  by  nomination  paper 
or  papers  signed  by  not  less  than  five  hundred  qualified  voters 
of  the  state ;  for  county,  district  or  other  division,  not  less  than 
a  county,  by  such  paper  or  papers  signed  by  not  less  than 
twenty-five  qualified  voters,  residents  of  such  county,  district 
or  division ;  and  for  township,  city,  town  or  ward,  by  such  paper 
or  papers  signed  by  not  less  than  ten  qualified  voters,  residents 
of  such  township,  city,  town  or  ward;  but  the  name  of  a  can- 
didate placed  upon  the  ballot  by  any  other  method  shall  not  be 
added  by  petition  for  the  same  office.  Each  elector  so  petition- 
ing shall  add  to  his  signature  his  place  of  business  and  post- 
office  address.  [24  G.  A.,  ch.  33,  §  5.] 

Sec.  1101.  Withdrawals.  Any  candidate  named  by  either 
of  the  methods  authorized  in  this  chapter  may  withdraw  his 
nomination  by  a  written  request,  signed  and  acknowledged  by 
him  before  any  officer  empowered  to  take  the  acknowledgment 
of  deeds,  and  filed  in  the  office  of  the  secretary  of  state  thirty 
days,  or  the  proper  auditor  fifteen  or  clerk  twelve  days,  before 
the  day  of  election,  and  no  name  so  withdrawn  shall  be  printed 
upon  the  ballot.  In  case  of  a  special  election  to  fill  vacancies 
in  office,  such  withdrawal  papers  shall  be  filed  with  the  secre- 


56  PRIMARY  AND  GENERAL  ELECTION  LAWS 

tary  of  state  sixteen  days,  and  with  the  proper  auditor  or  clerk 
twelve  days,  before  the  day  of  such  special  election.  [38  G.  A., 
ch.  100;  36  G.  A.,  ch.  245,  §  1;  24  G.  A.,  ch.  33,  §  8.] 

Sec.  1102.  Vacancies  filled.  If  a  candidate  declines  a  nom- 
ination, or  dies  before  election  day,  or  should  any  certificate  of 
nomination  or  nomination  paper  be  held  insufficient  or  inopera- 
tive by  the  officer  with  whom  it  may  be  filed,  or  in  case  any  ob- 
jection made  to  any  certificate  of  nomination,  nomination 
paper,  or  to  the  eligibility  of  any  candidate  therein  named,  is 
sustained  by  the  board  appointed  to  determine  such  questions 
as  hereinafter  provided,  the  vacancy  or  vacancies  thus  occa- 
sioned may  be  filled  by  the  convention,  caucus,  meeting  or  pri- 
mary, or  other  persons  making  the  original  nominations,  or  in 
such  a  manner  as  such  convention,  caucus,  meeting  or  primary 
has  previously  provided.  If  the  time  is  insufficient  for  again 
holding  such  convention,  caucus,  meeting  or  primary,  or.  in 
case  no  such  previous  provisions  being  made,  such  vacancy  shall 
be  filled  by  the  regularly  elected  or  appointed  executive  or  cen- 
tral committee  of  the  particular  division  or  district  represent- 
ing the  political  party  or  persons  holding  such  convention,  pri- 
mary, meeting  or  caucus,  and  certified  as  hereinbefore  pro- 
vided. The  certificates  of  nominations  made  to  supply  such 
vacancies  shall  state,  in  addition  to  the  facts  hereinbefore  re- 
quired, the  name  of  the  original  nominee,  the  date  of  his  death 
or  declination  of  nomination,  or  the  fact  that  the  former  nomi- 
nation has  been  held  insufficient  or  inoperative,  and  the  meas- 
ures taken  in  accordance  with  the  above  requirements  for 
filling  a  vacancy,  and  shall  be  signed  and  sworn  to  by  the  pre- 
siding officer  and  secretary  of  the  convention,  caucus,  meeting, 
or  primary,  or  by  the  chairman  and  secretary  of  the  committee, 
as  the  case  may  be.  [24  G.  A.,  ch.  33,  §  9.] 

Sec.  1104.  Filing  certificates  and  petitions.  Certificates  of 
nomination  and  nomination  papers  of  candidates  for  state,  con- 
gressional, judicial  and  legislative  offices  shall  be  filed  with  the 
secretary  of  state,  not  more  than  sixty  nor  less  than  forty 
days;  those  for  all  other  officers,  except  for  cities  and  towns, 
with  the  county  auditors  of  the  respective  counties,  not  more 
than  sixty  nor  less  than  thirty  days ;  and  for  the  offices  in  the 
cities  and  towns,  with  the  clerks  thereof,  not  more  than  forty 
nor  less  than  fifteen  days,  Before  the  day  fixed  by  law  for  the 
holding  of  the  election.  Such  certificates  and  nomination  papers 


NOMINATION    AND    ELECTION    OF    JUDGES  57 

thus  filed,  and  being  apparently  in  conformity  with  law,  shall 
be  regarded  as  valid,  unless  objection  in  writing  thereto  shall 
be  made,  and,  under  proper  regulations,  shall  be  open  to  pub- 
lic inspection,  and  preserved  by  the  receiving  officer  for  not  less 
than  six  months  after  the  election  is  had.  Any  error  found  in 
such  papers  may  be  corrected  by  the  substitution  of  another, 
executed  as  is  required  for  an  original  nomination  certificate  or 
paper.  In  case  of  special  election  to  fill  vacancies  in  office,  certif- 
icates of  nomination  or  nomination  papers,  for  nomination  of 
candidates  for  office  to  be  filled  by  the  electors  of  a  larger  dis- 
trict than  a  county,  may  be  filed  with  the  secretary  of  state, 
not  later  than  fifteen  days  before  the  time  of  election.  Certifi- 
cates of  nomination  or  nomination  papers,  nominating  candi- 
dates for  office  to  be  filled  by  the  electors  of  a  county,  may  be 
filed  with  the  county  auditor  at  any  time  not  less  than  twelve 
days  before  the  election.  [36  G.  A.,  ch.  245,  §  2;  26  G.  A.,  ch. 
68,  §§  1-2;  24  G.  A.,  ch.  33,  §§  4,  7,  8,  10.] 


DIVISION  IX. 

NOMINATION  AND  ELECTION  OF  JUDGES. 
Chapter  63,  Laws  of  the  Thirty-eighth   General  Assembly. 

Nomination  and  Election  of  Judges. 

AN  ACT  to  repeal  sections  one  thousand  eighty-seven-b  (1087-b)  one 
thousand  eighty-seven-b  one  (1087-bl),  one  thousand  eighty-seven-b 
two  (1087-b2),  one  thousand  eighty-seven-b  three  (1087-b3),  one  thou- 
sand eighty-seven-b  four  (1087-b4),  one  thousand  eighty-seven-b  five 
(1087-b5),  supplement  to  the  code,  1913,  and  to  enact  a  substitute 
therefor,  relating  to  the  nomination  and  election  of  judges-  of  the 
supreme,  district  and  superior  courts. 

Be  It  Enacted  by  the  General  Assembly  of  the  State  of  loiva: 

Section  1.  Repeal  and  substitute.  That  the  law  as  it  ap- 
pears in  sections  one  thousand  eighty-seven-b  (1087-b),  one 
thousand  eighty-seven-b  one  (1087-bl),  one  thousand  eighty- 
seven-b  two  (1087-b2),  one  thousand  eighty-seven-b  three 
(1087-b3),  one  thousand  eighty-seven-b  four  (1087-b4),  one 
thousand  eighty-seven-b  five  (1087-b5),  supplement  to  the 
code,  1913,*be  and  the  same  is  hereby  repealed,  and  the  follow- 
ing enacted  in  lieu  thereof. 


58  PRIMARY  AND  GENERAL  ELECTION  LAWS 

Sec.  2.  State  judicial  convention — delegates — organization 
— supreme  court  judges.  A  state  judicial  convention  of  each 
political  party  shall  be  held  not  less  than  one,  nor  more  than 
two  weeks,  after  the  regular  state  convention  of  such  party. 
Such  state  judicial  convention  shall  convene  at  a  time  and  place 
to  be  fixed  by  the  state  party  committee,  which  shall  issue  a 
call  therefor  in  the  same  manner  that  the  call  for  the  regular 
state  convention  is  issued.  Delegates  to  the  state  judicial  con- 
vention shall  be  elected  at,  and  certified  by,  the  county  conven- 
tions at  the  same  time  and  in  the  same  manner  as  delegates  to 
the  regular  state  convention,  provided  however,  that  no  per- 
son shall  be  elected  to  act  as  delegate  to  both  conventions ;  and 
each  county  shall  be  entitled  to  the  same  number  of  delegates 
at  the  state  judicial  convention  as  it  is  entitled  to  have  at  the 
regular  state  convention.  The  state  judicial  convention  shall 
proceed  to  organize  for  the  transaction  of  business  in  the  same 
manner  as  is  provided  by  law  for  the  organization  of  the  regu- 
lar state  convention  and  upon  organization  shall  nominate  can- 
didates for  the  office  of  judge  of  the  supreme  court  and  may 
transact  such  other  business  as  is  proper.  The  method  of  pro- 
cedure, organization  and  voting  of  delegates  shall  be  the  same 
in  the  state  judicial  convention  as  is  provided  for  the  regular 
state  party  convention.  Judges  of  the  supreme  court  shall  be 
elected  at  the  general  election  in  November  in  the  same  manner 
as  the  governor  of  the  state  is  elected. 

Sec.  3.  District  central  committee — how  constituted — ju- 
dicial convention — district  court  judges,  etc.  In  each  judicial 
district  there  shall  be  a  district  central  committee  composed  of 
one  member  from  each  county  of  such  district,  provided,  how- 
ever, that  in  districts  composed  wholly  of  one  county  there 
shall  be  three  members  of  such  committee,  and  in  districts 
composed  of  two  counties  there  shall  be  two  members  of  such 
committee  from  the  county  having  the  larger  population.  Such 
committeemen  shall  be  selected  by  the  county  convention  in 
each  county  held  in  accordance  with  the  provisions  of  section 
ten  hundred  eighty-seven-a  twenty-five  (1087-a25),  supple- 
ment to  the  code,  1913.  Until  such  conventions  are  held,  the 
chairman  of  the  county  central  committee  of  each  political 
party  shall  act  as  committeeman  from  his  county  for  such 
judicial  district,  and  in  counties  having  more  than  one  such 
committeeman  such  additional  committeemen  shall  be  selected 


NOMINATION    AND    ELECTION    OF   JUDGES  59 

by  the  county  central  committee  in  said  county.  Vacancies  in 
any  such  district  committee  shall  be  filled  by  the  county  central 
committee  of  the  county  where  such  vacancy  occurs.  In  each 
judicial  district  in  which  a  judge,  or  judges,  of  the  district 
court  therein  is  to  be  elected,  a  judicial  convention  shall  be 
held  by  each  political  party  participating  in  the  primary  elec- 
tion of  that  year.  Not  less  than  ten  days  nor  more  than  forty 
days  before  the  day  fixed  for  holding  the  county  convention,  a 
call  for  such  judicial  convention  to  be  held  shall  be  issued  by 
the  party  central  committee  for  such  district,  and  published  in 
at  least  one  newspaper  of  general  circulation  in  each  county  in 
the  district  which  shall  state,  among  other  things,  the  number 
of  delegates  each  county  in  the  district  shall  be  entitled  to, 
and  the  time  and  place  of  holding  the  convention.  Such  call 
shall  be  filed  with  the  county  auditor  in  each  county  in  the 
district  not  less  than  five  days  before  the  date  of  holding  the 
county  convention  as  now  fixed  by  law,  and  the  county  auditor 
shall  attach  a  copy  thereof  to  the  certified  list  of  delegates 
required  to  be  delivered  by  him  to  the  chairman  of  the  county 
central  committee  of  the  respective  political  parties.  Each 
county  convention  held  in  such  judicial  district  shall  select 
such  a  number  of  delegates  to  the  judicial  convention  as  is  spe- 
cified in  the  call  for  such  judicial  convention.  Such  district 
convention  shall  not  be  held  earlier  than  the  first  Thursday,  nor 
later  than  the  fifth  Thursday  following  the  date  of  holding  the' 
county  convention.  The  convention  may  nominate  as  may  can- 
didates for  the  office  of  judge  of  the  district  court  in  said  dis- 
trict as  there  are  judges  in  said  district  to  be  elected  at  the 
general  election  to  be  held  in  the  year  in  which  such  conven- 
tion is  held.  The  organization  and  the  procedure  in  such  ju- 
dicial district  convention  shall  be  the  same  as  in  the  state  con- 
vention. Such  convention  may  transact  such  other  business  as 
may  properly  be  brought  before  it.  Judges  of  the  district 
court  shall  be  elected  at  the  general  election  in  the  same  man- 
ner as  state  senators  are  elected. 

Sec.  4.  Supreme  and  district  judges — certification  of  nom- 
ination— ballot  form,  etc.  All  nominations  for  the  office  of  su- 
preme and  district  judge  shall  be  certified  to  the  secretary  of 
state,  as  near  as  may  be,  in  the  same  manner  that  nominations 
for  other  state  offices  are  now  certified  under  existing  law.  The 
names  of  candidates  for  the  office  of  supreme  and  district  judge 


60  PRIMARY  AND  GENERAL  ELECTION  LAWS 

nominated  and  certified  to  the  secretary  of  state,  as  provided  in 
this  act,  shall  be  certified  by  the  secretary  of  state,  to  the 
officer  having  charge  of  the  printing  of  the  ballots,  and  the 
names  of  such  candidates  shall  be  printed  on  the  ballot  under 
the  proper  party  designation  in  the  same  manner  as  required 
by  law  for  the  printing  of  the  names  of  candidates  for  state 
and  district  officers  therein. 

Sec.  5.  Judge  of  superior  court — how  nominated  and 
elected.  In  any  city  in  which  a  superior  court  has  been  or  may 
hereafter  be  established,  the  judge  of  said  court  shall  be  nomi- 
nated and  elected  in  the  same  manner  now  provided  by  law  for 
the  nomination  and  election  of  other  elective  officers  in  such 
city. 

Sec.  7.  General  election  laws  for  state,  etc.,  officers,  appli- 
cable. All  the  laws  relating  to  the  certificates  of  nomination, 
filing  the  same,  certifying  nominations  to  the  officers  having 
charge  of  the  printing  of  the  ballots,  printing  of  the  names  of 
candidates  on  the  official  ballot,  the  method  of  withdrawal,  fill- 
ing vacancies,  conducting  general  elections,  of  canvassing  the 
ballot,  of  announcing  the  result,  of  recounting  the  ballot,  of 
publishing  notice  of  nomination  and  election,  contesting  the 
election,  and  the  penalty  for  illegal  voting,  misconduct  of  the 
election  officials,  and  the  making  of  the  sworn  return,  shall,  so 
vfar  as  applicable,  be  the  same  for  the  election  of  supreme,  dis- 
trict and  superior  judges  as  is  now  provided  by  the  general 
election  laws  of  Iowa  for  the  election  of  state,  district,  county 
and  city  officers. 

Sec.  6.  Nomination  of  judges  by  petition.  Nothing  con- 
tained in  this  act  shall  be  construed  so  as  to  prohibit  the  nomi- 
nations of  candidates  for  the  office  of  supreme,  district  or  su- 
perior judge,  by  petition  as  provided  by  section  one  thousand 
one  hundred  (1100)  of  the  code,  and  amendments  thereto,  but 
no  person  so  nominated  shall  be  permitted  to  use  the  name  of 
any  political  party  authorized  or  entitled  under  this  act  to 
nominate  candidates  for  such  office. 


REGISTRATION  OF  VOTERS  61 

DIVISION  X. 
REGISTRATION  OF  VOTERS. 

Section  1076.     Board   of  registers — village   precincts.     In 

cities  having  a  population  of  six  thousand  or  more,  not  includ- 
ing the  inmates  of  any  state  institution,  the  council,  on  or  be- 
fore the  sixth  Monday  preceding  each  general  election,  and 
on  or  before  the  third  Monday  prior  to  any  city  election  to  be 
held  during  the  year  nineteen  hundred  and  six,  shall  appoint 
one  suitable  person  from  each  of  the  two  political  parties  which 
cast  the  greatest  number  of  votes  at  the  last  general  election, 
from  three  names  presented  by  each  chairman  of  the  city  cen- 
tral political  committee  of  such  parties,  to  be  registers  in  each 
election  precinct  in  the  city  for  the  registration  of  voters 
therein,  who  shall  be  electors  of  the  precinct  in  which  they  are 
to  serve,  of  good  clerical  ability,  speaking  the  English  language 
understandingly,  temperate,  of  good  habits  and  reputation, 
who  shall  qualify  by  taking  an  oath  or  affirmation  to  the  effect 
that  they  will  well  and  truly  discharge  all  of  the  duties  re- 
quired of  them  by  law.  They  shall  hold  their  office  for  two 
years,  but  registers  appointed  for  city  elections  during  the  year 
nineteen  hundred  and  six  shall  hold  such  office  only  until  such 
election  is  completed,  and  receive  compensation  at  the  rate  of 
three  dollars  for  each  day  of  eight  hours  engaged  in  the  dis- 
charge of  their  duties,  to  be  paid  by  the  county,  except  in  case 
of  city  elections,  when  they  shall  be  paid  by  the  city.  If  for 
any  cause  such  registers,  or  any  of  them,  shall  not  be  appointed 
at  or  before  the  time  above  mentioned,  or,  if  .appointed,  shall 
be  unable  for  any  cause  to  discharge  the  duties  of  such  office, 
the  mayor  of  such  city  shall  forthwith,  on  similar  recommenda- 
tion, make  such  appointments  and  fill  all  vacancies.  Should 
the  mayor,  upon  the  request  of  five  freehold  electors,  fail  for 
a  period  of  three  days  to  perform  the  duties  aforesaid,  he  shall 
forfeit  and  .pay,  at  the  action  of  any  such  elector,  the  sum  of 
one  hundred  dollars  per  day,  for  the  equal  benefit  of  the  city 
and  plaintiff.  The  provisions  of  this  title  shall  apply  to  cities 
acting  under  special  charters,  with  like  effect  as  though  said 
cities  were  acting  under  the  general  incorporation  laws  of  the 
state. 

Provided  further,  that  all  cities  in  which  registration  is  re- 
quired, including  cities  under  special  charter,  may,  by  resolu- 
tion passed  not  less  than  thirty  days  or  more  than  sixty  days 


62  PRIMARY  AND  GENERAL  ELECTION  LAWS 

preceding  any  general,  city  or  special  election,  consolidate  the 
voting  precincts  of  the  city  into  registration  districts  for  the 
purpose  of  registration  only  and  appoint  registrars  for  such 
registration  districts;  but  such  registrars  must  be  residents 
and  electors  of  the  registration  district  in  which  they  are  to 
serve.  [38  G.  A.,  ch.  180 ;  37  G.  A.,  ch.  41,  §  1 ;  36  G.  A.,  ch. 
215,  §  2;  35  G.  A.,  ch.  108,  §§  1,  2;  31  G.  A.,  ch.  41;  31  G.  A., 
ch.  40,  §  1 ;  26  G.  A.,  ch.  62 ;  22  G.  A.,  ch.  48,  §§  5,  12 ;  21  G.  A., 
ch.  167,  §  3.] 

Sec.  1076-a.  Applicable  to  special  charter  cities.  This  act 
shall  apply  to  cities  under  special  charters  with  same  effect  as 
to  cities  under  the  general  laws.  [31  G.  A.,  ch.  40,  §  2.] 

Sec.  1085.  Notice.  The  times  and  places  of  making  regis- 
tration of  voters  shall  be  published  by  the  mayor  in  the  two 
leading  political  party  papers  published  in  such  city,  except  no 
publication  shall  be  required  for  a  special  election.  If  there  be 
but  one  such  paper  published  in  the  city,  publication  of  notice 
therein  shall  be  sufficient.  The  publication  shall  be  made  for 
a  period  of  three  days  prior  to  the  opening  of  the  registry  book, 
if  the  paper  is  a  daily  paper,  and  for  one  week,  if  a  weekly 
paper,  and  shall  call  the  attention  of  the  voters  to  the  necessity 
of  complying  with  the  laws  with  reference  to  registration,  in 
order  to  be  entitled  to  vote  at  the  ensuing  election.  [21  G.  A., 
ch.  161,  §  12.] 

Sec.  1077.  Registration.  The  registers  shall  meet  on  the 
second  Thursday  prior  to  any  general,  city,  or  special  election, 
at  the  usual  voting  place  in  the  precinct  in  which  they  have 
been  appointed,  and  shall  hold  continuous  sessions  for  two  con- 
secutive days,  from  eight  o'clock  in  the  forenoon  until  nine 
o'clock  in  the  afternoon,  and,  in  presidential  years,  such  ses- 
sions shall  be  held  for  three  days.  Any  person  claiming  to  be 
a  voter,  or  that  he  will  be  on  election  day,  including  women 
entitled  to  vote  for  president,  vice  president  and  presidential 
electors,  may  appear  before  them  in  the  election  precinct  where 
he  claims  he  is  or  will  be  entitled  to  vote,  and  make  and  sub- 
scribe, under  oath,  a  statement  in  a  registry  book,  to  be  pro- 
vided by  the  clerk  and  furnished  the  registers,  at  the  equal  ex- 
pense of  the  city  and  county,  and  kept  open  for  public  inspec- 
tion and  examination  during  the  time  fixed  for  the  registration, 
which  statement  shall  be  in  the  following  form  and  contain  the 
following  matter: 


REGISTRATION  OF  VOTERS 


6)1 


REGISTER  OF  VOTERS,  PRECINCT,  ... 


.WARD. 


Number 

Residence 

o> 
£ 

£ 

0> 

bo 

< 

>> 

> 

s3 
£ 

b 

O 

5 

Term    of 
Residence 

Naturalized  | 

02 
(H 

O> 
P. 

cS 
PH 

<M 

o 

2 
"a 
P 

^ 

3 

0 

O 

By  act  of  Congress  | 

Qualined  Voter 

CJ 

_o 

ta 

o 

*» 
a 

ri 

«M 

O 

o> 
o3 

Q 

Last  preceding  place 
of  residence 

Signature 

Precinct,  street 
number 

County 

<D 

"5 

m 

The  signature  of  the  applicant  shall  be  made  at  the  right 
hand  end  of  the  line  under  the  column  "Signature,"  one  of  the 
registers  having  first  administered  to  him  this  form  of  oath: 
"You  do  solemnly  swear  (or  affirm)  that  you  will  fully  and 
truly  answer  all  such  questions  as  shall  be  put  to  you  touching, 
your  place  of  residence,  name,  place  of  birth,  your  qualifica- 
tions as  an  elector,  and  your  right  as  such  to  register  and  vote 
under  the  laws  of  this  state";  after  which,  the  registers,  or 
either  of  them,  shall  propound  questions  to  the  applicant  for 
registration  in  relation  to  his  name ;  his  then  place  of  residence, 
street  and  number;  how  long  he  has  resided  in  the  precinct 
where  the  vote  is  claimed ;  the  last  place  of  his  residence  before 
coming  into  that  precinct;  and  also  as  to  his  citizenship, 
whether  native  or  naturalized ;  if  the  latter,  when,  where,  and 
in  what  court,  or  before  what  officer,  or  whether  by  act  of  con- 
gress; whether  he  came  into  the  precinct  for  the  purpose  of 
voting  at  that  election;  how  long  he  contemplates  residing  in 
the  precinct ;  and  such  other  questions  as  may  tend  to  test  his 
qualifications  as  a  resident  of  the  precinct,  citizenship  and  right 
to  vote  at  the  poll ;  then,  if  the  applicant  appears  to  have  the 
right  to  be  registered,  the  registers  shall  fill  out  the  above 
prescribed  form  of  statement,  which  the  applicant  shall  sign 
and  swear  to,  as  above  provided.  [38  G.  A.,  ch.  353,  §  4;  28 
G.  A.,  ch.  33,  §  1 ;  22  G.  A.,  ch.  48,  §  1 ;  21  G.  A.,  ch.  161,  §  5.] 

Sec.  1078.  Statements — registry  books — school  elections. 
The  statements  thus  made  shall  be  dated  and  consecutively 
numbered,  commencing  with  number  one  at  each  registration. 


64  PRIMARY  AND  GENERAL  ELECTION  LAWS 

At  the  close  of  each  day's  registration,  the  registry  book  shall 
be  ruled  off  so  as  to  prevent  further  entries-,  and,  when  not  in 
use  by  the  registers,  shall  be  kept  in  the  custody  of  the  clerk 
until  disposed  of  as  provided  by  law.  No  person  shall  register 
at  any  other  place  or  time  than  is  designated  in  this  chapter, 
and  no  registration  of  voters  for  school  elections  shall  be  re- 
quired. [22  G.  A,  ch.  48,  §  10 ;  21  G.  A.,  ch.  161,  §§  6,  8.] 

Sec.  1079.  List  of  voters.  The  registers  shall,  within  three 
days  after  the  registration  made  in  the  second  week  preceding 
the  election,  prepare  two  alphabetical  lists,  for  their  respective 
voting  precincts,  of  the  names  of  all  persons  registered,  their 
residences,  their  last  preceding  places  of  residence,  the  dates 
of  removal  when  removals  occur  within  one  year,  nativity, 
color,  term  of  residence  in  precinct,  county  and  state,  whether 
naturalized,  date  of  papers,  the  naturalizing  court,  or  place  of 
naturalization  if  court  is  not  known,  whether  naturalized  by 
act  of  congress,  date  of  application  for  registration;  one  of 
which  lists  they  shall  forthwith  conspicuously  post  or  cause  to 
be  posted  at  the  usual  place  of  holding  elections  in  such  pre- 
cinct, for  inspection  of  the  public,  and  retain  the  other  one  in 
their  possession.  [22  G.  A.,  ch.  48,  §  12 ;  21  G.  A.,  ch.  161,  §  7.] 

Sec.  1080.     Correction  of  registry — lists  delivered  to  judges. 

On  the  Saturday  before  any  election  at  which  registration  is 
required,  the  registers  shall  meet  at  the  place  where  registra- 
tion was  last  made,  and  hold  a  continuous  session,  from  eight 
o'clock  in  the  forenoon  until  nine  o'clock  in  the  afternoon,  at 
which  they  shall  revise  and  correct  the  registry  book  of  voters, 
adding  thereto,  consecutively  numbering  them,  the  names  of 
all  applying  for  registration  who  on  election  day  will  be  entitled 
to  vote  in  that  precinct,  and  by  striking  therefrom  the  name  of 
any  one  not  entitled  to  vote  thereat.  The  registers  shall  revise 
and  correct  the  alphabetical  list  in  their  possession  to  corre- 
spond therewith.  When  thus  revised  and  corrected,  it  shall  be 
certified  and  copied  by  the  registers,  who  shall  deliver,  or  cause 
to  be  delivered,  such  list  and  copy  to  the  judges  of  the  election 
of  the  proper  precinct,  and  which  delivery  shall  be  made  on 
election  day,  and  before  the  opening  of  the  polls.  The  copy 
thus  delivered  shall  be  preserved  by  the  judges,  and  returned 
with  the  vote  from  that  precinct,  and  the  original  to 
the  clerk.  At  the  opening  of  the  polls  and  before  any  ballot 
shall  be  received,  the  judges  of  the  election  shall  appoint  one 


REGISTRATION    OF    VOTERS  65 

of  their  number,  or  one  of  the  clerks,  to  check  the  name  of  each 
voter  whose  name  is  on  the  alphabetical  lists,  to  whom  a  ballot 
is  delivered.  [22  G.  A.,  ch.  48,  §§  1,  3,  4 ;  21  G.  A.,  ch.  161,  §  8.] 

Sec.  1081.  Appearance  and  hearing.  All  proceedings  of 
registers  shall  be  public,  and  any  person  entitled  to  vote  in  a 
precinct  shall  have  the  right  to  be  heard  before  them  in  refer- 
ence to  corrections  of  or  additions  to  the  lists  of  such  precinct. 
No  person  shall  be  admitted  to  registry  unless  he  appears  in 
person,  except  as  in  this  chapter  provided,  and,  if  demanded, 
he  shall  furnish  to  the  registers  such  proofs  of  his  right  thereto 
as  may  by  law  be  required  by  judges  of  election  of  any  person 
offering  to  vote.  If  an  elector  is,  by  reason  of  sickness,  unable 
to  go  to  the  place  of  registry  on  any  day  the  registers  may  be 
in  session,  the  registers  shall,  upon  the  filing  before  them,  by 
a  registered  elector,  of  an  affidavit  to  that  effect,  visit  such  sick 
elector  at  his  place  of  residence  on  any  day  when  not  in  session, 
and  place  his  name  on  the  registry  book  and  alphabetical  list, 
if  found  entitled  thereto ;  at  which  time  and  place  the  registers 
may  administer  the  oath  hereinbefore  provided  to  be  taken  by 
applicants  for  registry.  [21  G.  A.,  ch.  161,  §  9.] 

Sec.  1082.  Registration  on  election  day.  The  registers 
shall  also  be  in  session  on  the  day  for  the  holding  of  each 
election,  at  some  place  convenient  to,  but  not  within  one  hun- 
dred feet  of,  the  voting  •  place,  and  during  all  the  hours  in 
which  by  law  the  polls  are  required  to  be  kept  open,  for  the 
purpose  only  of  granting  certificates  of  registration  to  persons 
who,  being  electors,  are  not  registered.  Such  registration  shall 
be  allowed  and  certificate  thereof  granted  only  to  a  person  who 
was  absent  from  the  city  during  all  the  days  fixed  for  regis- 
tration of  voters  for  that  election,  or  to  a  person  who,  being  a 
foreigner,  has  received  his  final  papers  since  the  last  preced- 
ing day  for  the  registration  of  voters  for  that  election,  or  to 
a  person  whose  name  was,  on  the  preceding  Saturday,  and  in 
the  absence  of  such  person,  stricken  from  registration,  and 
who,  on  said  day  of  election,  shall  prove  to  the  satisfaction  of 
said  registers  that  he  is  a  lawfully  qualified  elector  of  said  vot- 
ing precinct.  These  certificates  of  registration  shall  contain  all 
the  data  showing  the  qualification  of  the  voter  as  shown  by 
the  registration,  and,  in  addition,  the  special  matter  showing 
the  voter's  right  to  such  certificate  under  this  section,  and,  be- 
fore delivery  to  the  applicant,  shall  be  indorsed -by  the  regis- 


66       ,  PRIMARY  AND  GENERAL  ELECTION  LAWS 

ters,  to  the  effect  that  the  person  therein  named  is  a  qualified 
voter  in  that  precinct,  and  that  he  is  entitled  to  be  registered 
as  such.  The  proper  statement  shall  be  signed  and  sworn  to 
by  the  voter  before  one  of  the  registers,  supported  by  the 
affidavit  of  a  freeholder  who  is  a  registered  voter  in  that 
precinct,  who  shall  make  oath  to  the  qualification  of  the  appli- 
cant as  a  voter  in  that  precinct;  and  if  the  applicant  be  one 
whose  name  was  stricken  from  registration, .  such  affidavit  of 
said  freeholder  shall  contain  the  facts  showing  the  right  of  said 
applicant  to  vote  in  that  precinct.  Registration  in  such  cases 
shall  be  made  in  the  manner  required  for  regular  registration. 
The  certificate  of  registration  shall  be  handed  in  to  the  judges 
of  election  when  a  ballot  is  delivered  to  him.  The  data  there- 
from, showing  the  voter's  name  and  his  qualification  as  a 
voter,  shall  be  entered  on  the  alphabetical  lists  by  the  judges 
and  clerks  of  the  election,  under  the  appropriate  headings,  and 
the  original  certificate  shall  be  returned  to  the  city  clerk,  who 
shall  carefully  preserve  it  in  the  same  manner  and  for  the  same 
time  as  the  alphabetical  list  and  poll  book.  [22  G.  A.,  ch.  48, 
§7.] 

Sec.  1083.  Striking  off  names.  The  registers,  prior  to  each 
election  except  presidential  elections,  and  after  completing 
their  registration,  shall  certify  the  names  of  all  persons  by 
them  registered  to  the  registers  of  the  ward  or  precinct  of  the 
same  city,  which  the  registration  shows  such  persons  gave  as 
their  last  place  of  residence,  and  the  names  of  such  persons  so 
certified  shall  be  stricken  from  the  registry  lists  of  the  ward 
or  precinct  in  which  they  last  resided,  if  found  thereon.  [25 
G.  A.,  ch.  58,  §  1.] 

Sec.  1084.  New  registry— how  often.  A  new  registry  of 
voters  shall  be  taken  in  each  year  of  a  presidential  election.  For 
all  other  state  or  municipal  elections,  general  or  special,  the 
registers  shall  prepare  a  new  registry  book  in  each  year,  by 
copying  from  the  poll  book  of  the  preceding  general  election  all 
the  names  found  therein,  adding  thereto  those  of  all  persons 
registered  and  voting  at  any  subsequent  election,  which  new 
registry  book  shall  show  all  the  facts  of  qualification  of  each 
voter  as  they  appear  on  the  last  preceding  registry  book,  which, 
when  thus  made  up,  shall  be  used  at  each  election  until  a  new 
registry  book  is  prepared  as  required  by  law.  Every  person 
thus  registered  shall  be  considered  as  entitled  to  vote  at  any 


REGISTRATION    OF    VOTERS  67 

election  at  which  said  registry  book  may  be  used,  unless  his 
name  shall  be  dropped  by  the  correction  of  registration,  as 
authorized  by  law.  [25  G.  A.,  ch.  58,  §  1 ;  22  G.  A.,  ch.  48, 
§§  2,  3.] 

Sec.  1086.  City  clerk.  The  city  clerk  shall  carefully  pre- 
serve all  registry  books  and  alphabetical  lists  and  other  papers 
pertaining  to  the  registration,  until  destroyed  as  provided  in 
the  chapter  on  the  canvass  of  votes.  He  shall,  on  the  applica- 
tion of  the  registers,  deliver  to  them,  prior  to  their  first  meet- 
ing for  each  election,  the  registry  book,  alphabetical  list  and 
poll  book,  which  they  require  in  order  to  properly  prepare  the 
necessary  registry  book  for  the  next  ensuing  election;  all  of 
which  shall  be  returned  to  him  when  they  have  completed  their 
work  for  such  election.  [22  G.  A.,  ch.  48,  §  6.] 

Sec.  1087.  Penalty.  If  any  register  shall  fail  to  perform 
any  duty  required  of  him  in  this  chapter,  he  shall  forfeit  the 
sum  of  one  hundred  dollars,  to  be  recovered  by  any  person  in 
any  court  having  jurisdiction ;  and  if  any  register  or  judge  of 
election  shall  wilfully  neglect  or  disregard  any  duty  imposed, 
or  shall  make,  or  permit  to  be  made,  any  registration,  state- 
ment or  list,  except  at  the  time  and  place  and  in  the  manner 
herein  authorized  and  prescribed,  or  shall  knowingly  make,  or 
permit  to  be  made,  any  false  statement  as  aforesaid,  or  if  any 
person  shall  wilfully  make,  or  authorize  to  be  made,  any  state- 
ment required  to  be  made,  false  in  any  particular,  or  shall 
violate  any  of  the  provisions  of  this  chapter,  every  such  regis- 
ter or  judge  of  election,  person  or  persons,  shall  be  guilty  of  a 
misdemeanor,  and,  upon  conviction,  fined  in  a  sum  not  less  than 
fifty  nor  more  than  two  hundred  dollars,  or  be  imprisoned  in 
the  county  jail  not  less  than  twenty  days,  nor  more  than  six 
months,  or  both,  at  the  discretion  of  the  court.  [21  G.  A.,  ch. 
161,  §  10.] 


68  PRIMARY  AND  GENERAL  ELECTION  LAWS 

DIVISION  XL 
METHOD  OF  CONDUCTING  ELECTIONS. 

Section  566.  Places  for  holding  elections.  The  trustees1 
shall  designate  the  place  where  elections  will  be  held,  and  the 
board  of  supervisors  shall  allow  a  reasonable  compensation  for 
the  use  thereof.  Whenever  a  change  is  made  from  the  usual 
place  of  holding  elections  in  the  township,  notice  of  such 
change  shall  be  given  by  posting  up  notices  in  three  public 
places  in  the  township,  ten  days  prior  to  the  day  on  which  the 
election  is  to  be  held.  [23  G.  A.,  ch.  27 ;  C.  73,  §  391 ;  R.,  §  444 ; 
C.  '51,  §  222.] 

Sec.  1088.  Elections  included.  The  provisions  of  this  chap- 
ter shall  apply  to  all  elections  known  to  the  laws  of  the  state, 
except  school  elections.  [21  G.  A.,  ch.  141,  §  2.] 

Sec.  1089.  General,  city  and  special.  The  term  "general 
election,"  as  used  in  this  chapter,  shall  apply  to  any  election 
held  for  the  choice  of  national,  state,  judicial,  district,  county 
or  township  officers ;  that  of  "city  election"  shall  apply  to  any 
municipal  election  held  in  a  city  or  town ;  and  that  of  "special 
election"  shall  apply  to  any  other  election  held  for  any  purpose 
authorized  or  required  by  law.  [24  G.  A.,  ch.  33,  §  2.] 

Sec.  1090.  Election  precincts.  Each  township,  or,  in  case 
a  township  contains  a  city  or  a  portion  thereof,  such  portion 
of  the  township  as  is  outside  the  limits  of  the  city,  and  each 
ward  of  a  city,  shall,  respectively,  constitute  an  election  pre- 
cinct. But  the  board  of  supervisors  or  the  council,  as  the  case 
may  be,  shall  have  power  to  divide  a  township  or  part  thereof, 
or  a  ward,  into  two  or  more  precincts,  or  to  change  or  abolish 
the  same;  or  the  board  of  supervisors  and  the  council  of  any 
city  of  less  than  thirty-five  hundred  inhabitants,  not  includ- 
ing the  inmates  of  any  state  institution,  may  combine  any 
part  of  the  township  outside  of  such  city  with  any  or  all  the 
wards  thereof  as  one  election  precinct,  or  change  or  abolish 
such  precinct;  or  the  council  of  such  city  may  combine  the 
several  wards  into  one  or  more  precincts.  No  precinct  shall 
contain  different  townships  or  parts  thereof,  except  where  by 
reason  of  the  existence  of  a  village  or  incorporated  town  on  or 
near  a  township  line,  the  board  of  supervisors  may,  for  the 
convenience  of  electors,  create  a  voting  precinct  in  compact 


1Township  trustees. 


METHOD    OF    CONDUCTING    EJECTIONS.  6fr 

fbrni,  from  said  town  or  village,  and  may  include  therein  terri- 
tory adjoining  and  adjacent  to  said  village  or  town,  which  is 
situated  in  two  or  more  townships.  The  board  of  supervisors 
in  the  order  establishing  such  precinct  shall  define  its  boun- 
daries and  may  change  same  if  in  their  judgment  occasion 
arises.  In  such  cases,  separate  ballots  and  ballot  boxes  shall 
be  provided  for  voting  for  township  officers  only.  Each  incor- 
porated town  shall  constitute  a  precinct  for  town  elections.  No 
person  shall  vote  in  any  precinct  but  that  of  his  residence.  [37 
G.  A.,  ch.  66;  33  G.  A.,  ch.  70,  §  1;  25  G.  A.,  ch.  60;  21  G.  A., 
ch.  141,  §  2;  C.  73,  §§  501,  603,  605;  R.,  §  480;  C.  '51,  §  245.] 

Sec.  1091.  Polling  places  for  country  precincts.  Polling 
places  for  precincts  outside  the  limits  of  a  city,  but  within  the 
township,  or  originally  within  and  set  off  as  a  separate  town- 
ship from  the  township  in  which  the  city  is  in  whole  or  in  part 
situated,  may,  for  the  convenience  of  the  voters,  be  fixed  at 
some  room  or  rooms  in  the  courthouse  or  in  some  other  build- 
ing within  the  limits  of  the  city  as  the  board  of  supervisors 
may  provide.  [33  G.  A.,  ch.  71,  §  1 ;  21  G.  A.,  ch.  161,  §  14.] 

Sec.  1092.  Notice  of  boundaries  of  precincts.  -The  board  of 
supervisors  or  council  shall  number  or  name  the  several  pre- 
cincts established,  and  cause  the  boundaries  of  each  to  be  re- 
corded in  the  records  of  said  board  of  supervisors  or  council, 
as  the  case  may  be,  and  publish  notice  thereof  in  some  news- 
paper of  general  circulation,  published  in  such  county  or  city, 
once  each  week  for  three  consecutive  weeks,  the  last  to  be 
made  at  least  thirty  days  before  the  next  general  election. 
The  precincts  thus  established  shall  continue  until  changed. 
[C.  73,  §  604.] 

Sec.  1093.  Election  boards.  Election  boards  shall  consist 
of  three  judges  and  two  clerks  and  their  compensation  shall 
be  thirty  cents  per  hour  while  engaged  in  the  discharge  of 
their  duties.  Not  more  than  two  judges  and  not  more  than 
one  clerk  shall  belong  to  the  same  political  party  or  organiza- 
tion, if  there  be  one  or  more  electors  qualified  and  willing  to 
act  as  such  judge  or  clerk,  and  a  member  or  members  of  oppo- 
site parties.  In  cities  and  towns,  the  councilmen  shall  be 
judges  of  election;  but  in  case  more  than  two  councilmen  be- 
longing to  the  same  political  party  or  organization  are  resi- 
dents of  the  same  election  precinct,  the  county  board  of  super- 
visors may  designate  which  of  them  shall  serve  as  judges.  In 


70  PRIMARY  AND  GENERAL  ELECTION  LAWS 

township  precincts,  the  clerk  of  the  township  shall  be  a  clerk 
of  election  of  the  precinct  in  which  he  resides,  and  the  trus- 
tees of  the  township  shall  be  judges  of  election,  except  that, 
in  townships  not  divided  into  election  precincts,  if  all  the  trus- 
tees be  of  the  same  political  party,  the  board  of  supervisors 
shall  determine  by  lot  which  two  of  the  three  trustees  shall  be 
judges  of  such  precinct.  The  membership  of  such  election 
board  shall  be  made  up  or  completed  by  the  board  of  super- 
visors from  the  parties  which  cast  the  largest  and  next  largest 
number  of  votes  in  said  precinct  at  the  last  general  election,  or 
that  one  which  is  unrepresented;  but,  in  city  and  town  elec- 
tions, the  powers  given  in  this  chapter  and  duties  herein  made 
incumbent  upon  the  board  of  supervisors  shall  be  performed 
by  the  council.  If,  at  the  opening  of  the  polls  in  any  precinct, 
there  shall  be  a  vacancy  in  the  office  of  clerk  or  judge  of  elec- 
tion, the  same  shall  be  filled  by  the  members  of  the  board 
present,  and  from  the  political  party  which  is  entitled  to  such 
vacant  office  under  the  provisions  of  this  chapter.  The  election 
board  at  any  special  election  shall  be  the  same  as  at  the  last 
preceding  general  election.  In  case  of  vacancies  happening 
therein,  the  county  auditor  may  make  the  appointments  to  fill 
the  same  when  the  board  of  supervisors  is  not  in  session ;  pro- 
viding, however,  that  the  election  board  in  precincts  using  only 
one  voting  machine  shall  consist  of  three  judges,  only  two  of 
whom  shall  be  of  the  same  political  party,  and  two  of  whom 
shall  also  act  as  clerks.  [38  G.  A.,  ch.  69 ;  36  G.  A.,  ch.  215,  §  3 ; 
35  G.  A.,  ch.  112,  §  1 ;  31  G.  A.,  ch.  42;  26  G.  A.,  ch.  68,  §  3;  C. 
'73,  §§  606-8;  R.,  §§  481-3;  t).  '51,  §§  246-8.] 

Sec.  1113.  Polling  places — voting  booths.  In  townships 
the  trustees,  and  in  cities  and  towns  the  mayor  and  clerk,  shall 
provide  suitable  places  in  which  to  hold  all  elections  provided 
for  in  this  chapter,  and  see  that  the  same  are  warmed,  lighted, 
and  furnished  with  proper  supplies  and  conveniences,  includ- 
ing a  sufficient  number  or  supply  of  booths,  shelves,  pens,  pen- 
holders, ink,  blotters  and  pencils  to  enable  the  voter  to  pre- 
pare his  ballot  for  voting,  screened  from  all  observation  as  to 
the  manner  in  which  he  does  so.  A  guard  rail  shall  be  so  con- 
structed and  placed  that  only  such  persons  as  are  inside  such 
rail  can  approach  within  six  feet  of  the  ballot  box,  or  of  the 
booths.  The  voting  booths  shall  be  so  arranged  that  they  can 
only  be  reached  by  passing  within  said  guard  rail,  and  so 


METHOD  OF  CONDUCTING  ELECTIONS  71 

that  they  shall  be  in  plain  view  of  the  election  officers,  and  both 
booths  and  ballot  boxes  shall  be  in  plain  view  of  persons  outside 
of  the  guard  rail.  Each  booth  shall  be  at  least  three  feet 
square,  and  have  three  sides  enclosed,  the  side  in  front  to  open 
and  shut  by  a  door  swinging  outward,  or  closed  with  a  curtain. 
Each  side  of  the  booth  shall  be  seven  feet  high,  and  the  door 
or  curtain  shall  extend  to  within  two  feet  of  the  floor,  and  shall 
be  closed  while  the  voter  is  preparing  his  ballot.  Each  booth 
shall  contain  a  shelf  at  least  one  foot  wide,  at  a  convenient 
height  for  writing,  and  shall  be  well  lighted.  The  booths 
and  compartments  shall  be  so  built  and  arranged,  if  possible, 
as  to  be  permanent,  so  that  after  the  election  they  may  be 
taken  down  and  deposited  with  the  township,  city  or  town  clerk, 
as  the  case  may  be,  for  safekeeping  and  for  future  use.  The 
number  of  voting  booths  shall  not  be  less  than  one  to  every 
sixty  voters  or  fraction  thereof  who  voted  at  the  last  preced- 
ing election  in  the  precinct.  In  precincts  outside  of  cities  and 
towns  the  election  shall,  if  practicable,  be  held  in  the  public 
school  building,  for  the  use  of  which  there  shall  be  no  charge, 
but  all  damage  to  the  building  or  furniture  shall  be  paid  by 
the  county.  [24  G.  A.,  ch.  33,  §  20.] 

Sec.  1130.  Ballot  boxes.  The  board  of  supervisors  shall 
provide  for  each  precinct  in  the  county,  for  the  purpose  of 
elections,  one  box,  with  lock  and  key.  When  any  township  pre- 
cinct includes  a  town  or  part  thereof,  together  with  territory 
outside  the  limits  of  such  town,  the  township  trustees  shall 
prepare  a  separate  ballot  box  to  receive  the  votes  for  township 
assessor,  which  shall  be  on  separate  ballots,  and  only  the  bal- 
lots of  persons  living  outside  of  the  limits  of  such  town  shall 
be  placed  in  said  ballot  box.  The  judges  of  election  shall  place, 
each  ballot  in  its  proper  ballot  box.  The  judges  of  election 
shall  have  the  right  to  administer  an  oath  to  any  voter,  and  to 
examine  him  under  oath  as  to  the  assessor  for  whom  such 
elector  is  entitled  to  vote.  [29  G.  A.,  ch.  53,  §  2;  17  G.  A.,  ch. 
71,  §§  2,  3;  C.  73,  §  614;  R.,  §  489;  C.  '51,  §  254.] 

Sec.  1132.  Registry  and  poll  books.  The  county  auditor 
shall  prepare  and  furnish  to  each  precinct  two  poll  books,  hav- 
ing each  of  them  a  sufficient  column  for  the  names  of  the 
voters,  a  column  for  the  number,  and  sufficient  printed  blank 
leaves  to  contain  the  entries  of  the  oaths,  certificates  and  re- 
turns; and  also  all  books,  blanks  and  materials  necessary  to 


72  PRIMARY  AND  GENERAL  ELECTION  LAWS 

carry  out  the  provisions  of  the  chapter  on  registration  of  vot- 
ers.   [C.  '73,  §  615 ;  R.,  §  490 ;  C.  '51,  §  255.] 

Sec.  1097.  Voting  by  ballot.  In  all  elections  regulated  by 
this  chapter,  the  voting  shall  be  by  ballots  printed  and  distrib- 
uted as  hereinafter  provided,  except  as  may  be  otherwise  spe- 
cially directed  by  law.  [24  G.  A.,  ch.  33,  §  1.] 

Sec.  1105.  Nominations  transmitted  to  county  auditor.  Not 
less  than  twenty  days  before  the  election,  the  secretary  of 
state  must  certify  to  the  auditor  of  each  county  in  which 
any  of  the  electors  have  the  right  to  vote  for  any  candidate 
or  candidates,  the  name  and  residence  of  each  person  nomi- 
nated, whether  an  original  nomination  or  to  fill  a  vacancy,  to 
be  voted  for  at  such  election,  and  the  order  in  which  the  tickets 
shall  appear  on  the  ballot.  Should  a  vacancy  in  the  nomina- 
tions occur  and  be  filled  after  this  certificate  has  been  for- 
warded, a  like  certificate  shall  at  once  issue  and  be  sent  the 
proper  officer.  In  case  of  special  election  to  fill  vacancy  in 
office,  the  certificate  by  the  secretary  of  state  to  the  county 
auditor  may  be  made  at  any  time  not  later  than  fifteen  days 
before  the  election.  [36  G.  A.,  ch.  245,  §  3;  26  G.  A.,  ch.  68, 
§§  1,  2;  24  G.  A.,  ch.  33,  §§  11-13.] 

Sec.  1106.  Ballot  —  form  —  presidential  electors  —  United 
States  senator — district  judge— constitutional  amendments — 
ballot  for  women.  The  names  of  all  candidates  to  be  voted  for 
in  such  election  precinct  except  electors  of  president  and  vice 
president  of  the  United  States  shall  be  printed  on  one  ballot, 
all  nominations  of  any  political  party  or  group  of  petitioners 
being  placed  under  the  party  name  or  title  of  such  party  or 
group,  as  designated  by  them  in  their  certificates  of  nomina- 
tion or  petitions,  or  if  none  be  designated,  then  under  some 
suitable  title,  and  the  ballot  shall  contain  no  other  names ;  pro- 
vided, however,  that  the  candidates  for  electors  of  president 
and  vice  president  of  any  political  party  or  group  of  petitioners 
shall  not  be  placed  on  the  ballot  but  in  the  years  in  which  they 
are  elected  the  names  of  candidates  for  president  and  vice 
president  respectively  of  such  parties  or  group  of  petitioners 
shall  be  placed  on  the  ballot  similarly,  as  the  names  of  candi- 
dates for  United  States  senators  are  placed  thereon  under 
their  respective  party,  petition  or  adopted  titles  for  each  polit- 
ical party  or  group  of  petitioners  nominating  a  set  of  candi- 
dates for  electors,  and  upon  the  left-hand  margin  of  each  sep- 


METHOD  OF  CONDUCTING  ELECTIONS  73 

arate  column  of  the  ballot,  immediately  opposite  the  names  of 
said  candidates  for  president  and  vice  president,  a  single 
square  shall  be  printed  in  front  of  a  bracket  inclosing  the 
names  of  the  said  candidates  for  president  and  vice  president, 
and  the  votes  for  which  candidates  shall  be  counted  and  certi- 
fied to  by  the  election  judges  in  the  same  manner  as  the  votes 
for  other  candidates. 

That  at  all  general  elections  next  preceding  the  expiration 
of  the  term  of  office  of  United  States  senator  in  the  congress  of 
the  United  States  there  shall  be  placed  upon  the  official  ballot 
in  the  proper  place  the  names  of  candidates  for  all  parties  or 
group  of  petitioners  for  the  office  of  United  States  senator 
that  have  been  nominated  by  law  and  the  votes  for  which  can- 
didates shall  be  counted  and  certified  to  by  the  election  judges 
in  the  same  manner  as  votes  for  other  candidates. 

Each  list  of  candidates  for  the  several  parties  and  groups  of 
petitioners  shall  be  placed  in  a  separate  column  on  the  ballot, 
in  such  order  as  the  authorities  charged  with  the  printing  of 
the  ballots  shall  decide,  except  as  otherwise  provided,  and  be 
called  a  ticket.  But  the  name  of  no  candidate  shall  appear 
upon  the  ballot  in  more  than  one  place  for  the  same  office, 
whether  nominated  by  convention,  primary,  caucus  or  petition, 
except  as  hereinafter  provided.  Where  two  or  more  conven- 
tions, primaries  or  caucuses,  or  any  two  of  them,  may  nominate 
the  same  candidate  for  any  office,  the  name  of  such  candidate 
shall  be  printed  under  the  name  of  the  party  first  filing  nomi- 
nation papers  bearing  such  name,  unless  the  candidate  himself 
shall,  in  writing  duly  verified,  request  the  officer  with  whom  the 
nomination  papers  are  filed  to  cause  the  name  to  be  printed 
upon  some  other  ticket,  provided,  that  in  any  judicial  district 
of  the  state  in  which  the  bar  association,  or  a  convention  of 
attorneys  of  the  district  nominates  or  recommends  candidate 
or  candidates  for  the  office  of  district  judge,  and  such  candi- 
dates are  also  nominated  or  indorsed  by  any  political  party,  :rn 
preparing  the  ballots  for  the  general  election,  the  names  of 
such  candidate  or  candidates  shall  be  printed  as  candiria'tje  or 
candidates  for  each  party  by  whom  they  are  nominated, 
whether  by  primary,  convention  or  petition.  Each  of  the  col- 
umns containing  the  list  of  candidates,  including'  the  party 
name,  shall  be  separated  by  a  distance  line.  Said' ballot  shall 
be  substantially  in  the  following  form : 


74 


PRIMARY  AND  GENERAL  ELECTION  LAWS 


c 

REPUBLICAN       C 

>  DEMOCRATIC       O 

PROHIBITION     O 

UNION    LABOR 

For  President, 

For  President, 

For  President, 

For  President, 

A  B  , 

N  O  . 

A  B  , 

N  O  , 

of  Ohio. 

of  Virginia. 

of  Maine. 

of   Idaho. 

n< 

For  Vice  Pres-  Q 

For  Vice  Pres-  Q 

For  Vice  Pres-  Q]J 

For  Vice  Pres- 

ident, 

ident, 

ident, 

ident, 

C  D  , 

P  Q  , 

C  D  , 

P  Q  , 

of  New  York. 

of  Indiana. 

of  Illinois. 

of  Ohio. 

For  United 

For  United 

For  United 

For  United 

States 

States 

States 

States 

Senator, 

Senator, 

Senator, 

Senator, 

E           F          .  n 

R        s        .  n 

B        F       ,  n 

R           S 

A_J...  .......    X    ...........     |  | 

of  County. 

of  County. 

••--»   1  —  1 

of          County. 

of  County. 

For   Governor, 

For   Governor, 

For   Governor, 

For   Governor, 

D 

G       H       ,  n 

""""""    1  —  1 

T           U          ,  n 

•-•">    L—l 

G         H        ,  n 

»    L_J 

T  U  , 

of.  County. 

of          County. 

of  County. 

of  County. 

For  Lieutenant 

For  Lieutenant 

For  Lieutenant 

For  Lieutenant 

Governor, 

Governor, 

Governor, 

Governor, 

D 

I  J  ,  D 

v  w  ,  n 

i  j  ,  n 

V  W  , 

of  County. 

of  County. 

of  County. 

of  County. 

For  Judge  of 

For  Judge  of 

For.  Judge  of 

For  Judge  of 

Supreme  Court 

Supreme  Court 

Supreme  Court 

Supreme  Court 

L  M  ,  n 

X     .    .  Y  ,  n 

L  *....  M  ,  n 

X           Y      , 

_ 

of.....  ....County. 

of....  ....County. 

of....  ....County. 

of....  ....County. 

When  a  constitutional  amendment  or  other  public  measure  is 
to  be  voted  upon  by  the  electors,  it  shall  be  printed  in  full  upon 
a  separate  ballot,  preceded  by  the  words,  "Shall  the  following 
amendment  to  the  constitution  (or  public  measure)  be 
adopted?"  and  upon  the  right-hand  margin,  opposite  these 
words,  two  spaces  shall  be  left,  one  for  votes  favoring  such 
amendment  or  public  measure,  and  the  other  for  votes  oppos- 
ing the  same.  In  one  of  these  spaces  the  word  "yes"  or  other 
word  required  by  law  shall  be  printed ;  in  the  other,  the  word 
"no"  or  other  word  required,  and  to  the  right  of  each  space  a 
square  shall  be  printed  to  receive  the  voting  cross,  all  of  which 
shall  be  substantially  in  the  following  form : 

"Shall  the  following  amendment  to  the  constitution  (or  pub- 
lice  measure)  be  adopted?" 


(Here  insert  in  full  the  proposed  constitutional 
amendment  or  public  measure.) 


Yes 


No 


The  elector  shall  designate  his  vote  by  a  cross  mark,  thus, 
X,  placed  in  the  proper  square.  At  the  top  of  such  ballots  shall 
be  printed  the  following  words,  enclosed  in  brackets:  [Notice 


METHOD  OF  CONDUCTING  ELECTIONS 


76 


to  voters.  For  an  affirmative  vote  upon  any  question  sub- 
mitted upon  this  ballot  make  a  cross  (x)  mark  in  the  square 
after  the  word  "Yes."  For  a  negative  vote  make  a  similar 
mark  in  the  square  following  the  word  "No."]  If  more  than 
one  constitutional  amendment  or  public  measure  is  to  be  voted 
upon,  they  shall  be  printed  upon  the  same  ballot,  one  below  the 
other,  with  one  inch  space  between  each  constitutional  amend- 
ment or  public  measure  that  is  to  be  submitted.  All  of  such 
ballots  for  the  same  polling  place  shall  be  of  the  same  size, 
similarly  printed,  upon  yellow  colored  paper.  On  the  back  of 
each  such  ballot  shall  be  printed  appropriate  words,  showing 
that  such  ballot  relates  to  a  constitutional  or  other  question 
to  be  submitted  to  the  electors,  so  as  to  distinguish  the  said 
ballots  from  the  official  ballot  for  candidates  for  office,  and  a 
facsimile  of  the  signature  of  the  auditor  or  other  officer  who 
has  caused  the  ballot  to  be  printed.  Such  ballots  shall  be  en- 
dorsed and  given  to  each  voter  by  the  judges  of  election,  as 
provided  in  section  eleven  hundred  sixteen,  and  shall  be  sub- 
ject to  all  other  laws  governing  ballots  for  candidates,  so 
far  as  the  same  shall  be  applicable. 

At  any  general  election  hereafter  held  for  the  election  of 
presidential  electors  a  separate  ballot  shall  be  provided  for 
women,  substantially  in  the  following  form: 


c 

REPUBLICAN       0 

For  President, 
A.  B  , 

DEMOCRATIC       O 

For  President, 
N  O  , 

PROHIBITION    O 
For  President, 
A  B  , 

UNION    LABOR 
For  President, 
N  O  , 

D- 

of  Ohio. 
For  Vice  Pres-  D< 
ident, 
C  D  , 

of  New  York. 

of  Virginia. 
For  Vice  Pres-  Q< 
ident, 
P-.-  Q  , 
of  Indiana. 

of  Maine. 
For  Vice  Pres-  Q^ 
ident, 
C  D  , 

of   Illinois. 

of   Idaho. 
For  Vice  Pres- 
ident, 

P  Q  , 

of  Ohio. 

And  said  ballot  may  be  voted  by  them  in  the  manner  pro- 
vided for  the  government  of  elections  of  said  officers  and  shall 
be  counted  the  same  as  other  ballots  cast  at  such  elections. 
[38  G.  A.,  ch.  353,  §  2;  38  G.  A.,  ch.  86,  §  2;  35  G.  A.,  ch.  109, 
§  4 ;  31  G.  A.,  chs.  43-44 ;  28  G.  A.,  ch.  35,  §  1 ;  24  G.  A.,  ch.  33, 
§§  14,  16.] 

Sec.  56.  Submission  of  constitutional  amendments  to  vote 
— results  declared — record.  Whenever  a  proposition  to  amend 
the  constitution  shall  have  been  adopted  Xby  two  succeeding 
general  assemblies,  if  no  other  time  is  fixed  by  the  last  general 
assembly  adopting  the  same  for  its  submission  to  the  people, 


76  PRIM  ART;  AND  GENERAL  ELECTION  LAWS 

it 'shall  be  done  at  the  ensuing  general  election,  in  the  manner 
required  by  law,  and  the  board  of  state  canvassers  shall  declare 
the  result  and  enter  the  same  of  record  in  the  book  mentioned 
in  the  preceding  section1,  immediately  following  and  in  connec- 
tion with  the  proofs  of  publication.2  [19  G.  A.,  ch.  7,  §  1 ;  16 
G.  A.,  ch.  144,  §  2.] 

Sec.  58.  Submission  at  special  election.  The  general  as- 
sembly may  provide  for  the  submission  of  constitutional 
amendments  to  the  people  at  a  special  election  for  that  purpose, 
at  such  time  as  it  may  prescribe,  proclamation  for  which  elec- 
tion shall  be  made  by  the  governor,  and  the  same  shall  in  all 
respects  be  governed  and  conducted  as  prescribed  by  law  for 
the  submission  of  constitutional  amendments  at  a  general  elec- 
tion. [19  G.  A.,  ch.  7,  §  2.] 

Sec.  1107.  Printing.  For  all  elections  helci  under  this 
chapter,  except  those  of  cities  or  towns,  the  county  auditor 
shall  have  charge  of  the  printing  of  ballots  in  his  county,  and 
sl^all  cause  to  be  placed  thereon  the  names  of  all  candidates 
which  have  been  certified  to  him  by  the  secretary  of  state, 
in  the  order  the  same  appear  upon  the  certificate  issued  by  the 
secretary  of  state,  together  with  those  of  all  other  candidates 
to  be  voted  for  thereat,  whose  nominations  have  been  made  in 
conformity  with  law.  If  a  township  election  precinct  includes 
a  town  or  any  part  thereof,  the  names  of  nominees  for  town- 
ship assessors  shall  not  be  placed  upon  the  official  ballot  for 
that  precinct.  In  no  case  shall  the  cost  of  printing  the  official 
ballot  exceed  twenty-five  dollars  per  thousand  ballots,  except  in 
presidential  years,  when  it  shall  not  exceed  thirty  dollars  per 
thousand  ballots.  In  city  or  town  elections,  the  clerk  shall 
have  charge  of  the  printing  of  the  ballots,  and  shall  cause  to 
be  placed  thereon  the  names  of  all  candidates  to  be  voted  for 
thereat,  whose  nominations  have  been  made  as  provided  in  this 
chapter ;  and  in  either  case  such  ballots  shall  be  furnished  the 
election  judges  at  the  polling  place  in  each  precinct  not  less 
than  twelve  hours  before  the  opening  of  the  polls  on  the  morn- 
ing of  the  election.  [36  G.  A.,  ch.  239 ;  24  G.  A.,  ch.  33,  §  15.] 

See.  1109.  Method  of  printing.  The  ballot  shall  be  on  plain 
white  paper,  through  which  the  printing  or  writing  cannot  be 
read.  The  party  name  or  title  shall  be  printed  in  capital  letters, 

.:  "*Sec.'.-55»  code. 

•'  aSee  also  sees.   57  and  1106,  herein. 


METHOD  OF  CONDUCTING  ELECTIONS  7? 

not  less  than  one-fourth  of  an  inch  in  height.  The  names  of 
candidates  shall  be  printed  in  capital  letters  not  less  than  one- 
eighth  nor  more  than  one-fourth  of  an  inch  in  height,  and,  at 
the  beginning  of  each  line  in  which  the  name  of  a  candidate  is 
printed,  a  square  shall  be  printed,  the  sides  of  which  shall  not 
be  less  than  one-fourth  of  an  inch  in  length.  On  the  back  or 
outside  of  the  ballot,  so  as  to. appear  when  folded,  shall  be 
printed  the  words  "official  ballot,"  followed  by  the  designation 
of  the  polling  place  for  which  the  ballot  is  prepared,  the  date 
of  the  election,  and  a  facsimile  of  the  signature  of  the  auditor 
or  other  officer  who  has  caused  the  ballot  to  be  printed.  [31 
O.  A.,  ch.  44,  §2;  24  G.  A.,  ch.  33,  §14.] 

Sec.  1108.  Vacancies  filled.  The  name  supplied  for  a  va- 
cancy by  the  certificate  of  the  secretary  of  state,  or  by  nomi- 
nation certificates  or  papers  for  a  vacancy  filed  with  the  county 
auditor,  or  city  or  town  clerk,  shall,  if  the  ballots  are  not 
already  printed,  be  placed  on  the  ballots  in  place  of  the  name 
of  the  original  nominee,  or,  if  the  ballots  have  been  printed, 
new  ballots,  whenever  practicable,  shall  be  furnished.  When- 
ever it  may  not  be  practicable  to  have  new  ballots  printed,  the 
election  officers  having  charge  of  them  shall  place  the  name 
supplied  for  the  vacancy  upon  each  ballot  used  before  deliver- 
ing it  to  the  judges  of  election.  If  said  ballots  have  already  been 
delivered  to  the  judges  of  election,  said  auditor  or  clerk  shall 
immediately  furnish  the  name  of  such  substituted  nominee  to 
all  judges  of  election  within  the  territory  in  which  said  nomi- 
nee may  be  a  candidate,  and  such  election  officer  having  charge 
of  the  ballots  shall  place  the  name  supplied  for  the  Vacancy 
upon  each  ballot  issued  before  delivering  it  to  the  voter,  by 
affixing  a  paster,  or  by  writing  or  stamping  the  name  thereon. 
[24  G.  A.,  ch.  33,  §§  11,  12.] 

Sec.  1110.  Delivery  of  official  ballots  to  judges.  Ballots 
shall  be  printed  and  in  the  possession  of  the  officer  charged 
with  their  distribution  at  least  two  days  before  the  election, 
and  subject  to  the  inspection  of  candidates  and  their  agents. 
If  mistakes  are  discovered,  they  shall  be  corrected  without 
delay,  in  the  manner  provided  in  this  chapter.  The  officers 
charged  with  the  printing  of  the  ballots  shall  cause  to  be  de- 
livered to  the  judges  of  election  seventy-five  ballots,  of  the 
kind  to  be  voted  Jn,,such  precinct,  .for.  every  fifty  .votes  or 
fraction  thereof  cast 'therem  at  the  last  preceding  election  of 


78  PRIMARY  AND  GENERAL  ELECTION  LAWS 

state  officers.  Such  ballots  shall  be  put  up  in  separate  sealed 
packages,  with  marks  on  .the  outside,  clearly  designating  the 
polling  place  for  which  they  are  intended  and  the  number  of 
ballots  inclosed,  and  receipt  therefor  shall  be  given  by  the 
judge  or  judges  of  election  to  whom  they  are  delivered,  which 
receipt  shall  be  preserved  by  the  officer  charged  with  the  print- 
ing of  the  ballots.  Any  officer  charged  with  the  printing  and 
distribution  of  ballots  shall  provide  and  retain  at  his  office  an 
ample  supply  of  ballots,  in  addition  to  those  distributed  to  the 
several  voting  precincts,  and  if  at  any  time  the  ballots  fur- 
nished to  any  precinct  shall  be  lost,  destroyed  or  exhausted 
before  the  polls  are  closed,  on  written  application,  signed  by  a 
majority  of  the  judges  of  such  precinct,  or  signed  and  sworn 
to  by  one  of  such  judges,  he  shall  immediately  cause  to  be  de- 
livered to  such  judges,  at  the  polling  place,  such  additional 
supply  of  ballots  as  may  be  required,  and  sufficient  to  comply 
with  the  provisions  of  this  chapter.  For  general  elections,  the 
supply  of  ballots  so  retained  shall  only  equal  the  number  pro- 
vided for  the  precinct  casting  the  largest  vote  at  the  preceding 
general  election,  and  shall  include  only  the  portions  of  the 
various  tickets  to  be  voted  for  throughout  the  entire  county, 
with  blank  spaces  in  which  the  names  of  candidates  omitted 
may  be  written  by  the  voter,  and  with  blank  spaces  in  the  in- 
dorsement upon  the  back  of  such  ballots,  in  which  the  name  of 
the  precinct  shall  be  written  by  the  judges  of  election.  [24 
G.  A.,  ch.  33,  §15.] 

Sec.  1111.  Card  of  instructions.  The  officer  whose  duty  it 
is  to  have  the  ballots  printed  shall  cause  to  be  copied  upon 
cards  in  large,  clear  type,  under  the  heading  "Card  of  Instruc- 
tions," the  following  matters  for  the  guidance  of  the  voters : 

1.  The  matter  of  obtaining  ballots. 

2.  The  manner  of  marking  ballots. 

3.  That  unmarked  or  improperly  marked  ballots  will  not  be 
counted. 

4.  The  method  of  gaining  assistance  in  marking  ballots. 

5.  That  any  erasures  or  identification  marks,  or  otherwise 
spoiling  or  defacing  a  ballot,  will  render  it  invalid. 

6.  Not  to  vote  a  spoiled  or  defaced  ballot. 

7.  How  to  obtain  a  new  ballot  in  place  of  a  spoiled  or  defaced 
one. 


METHOD    OF    CONDUCTING    ELECTIONS  79 

8.  Upon  the  right  of  an  employe  to  absent  himself  for  two 
hours  for  the  purpose  of  voting,  by  application  for  leave  so  to 
do  made  before  the  day  of  election,  without  deduction  from 
his  salary  or  wages. 

9.  Any  other  matters  thought  necessary. 

Such  instructions  shall  be  prepared  by  the  attorney  general 
and  delivered  to  the  secretary  of  state,  who  shall  cause  copies 
of  the  same  to  be  furnished  to  the  county  auditor  of  each 
county.  New  or  amended  instructions  may  be  so  prepared  from 
time  to  time,  if  thought  necessary,  and  copies  thereof  furnished 
to  the  county  auditors,  who  shall  furnish  to  the  judges  of 
election  a  sufficient  number  of  such  cards  of  instruction  as  will 
enable  them  to  comply  with  the  provisions  of  this  chapter.  [24 
G.  A.,  ch.  33,  §  17.] 

Sec.  1112.  Cards  posted— publication  of  ballot.  The  judges 
of  election  shall  cause  at  least  one  of  each  of  such  cards  to  be 
posted  in  each  voting  booth  or  apartment  provided  for  the 
preparation  of  ballots,  and  not  less  than  four,  with  an  equal 
number  of  sample  ballots,  in  and  about  the  polling  place,  upon 
the  day  of  election  before  the  opening  of  the  polls.  The  county 
auditor  shall  cause  to  be  published,  prior  to  the  day  of  election, 
in  two  newspapers,  if  there  be  so  many  published  in  such 
county,  selecting,  if  possible,  papers  representing  the  political 
parties  which  cast  at  the  preceding  general  election  the  largest 
number  and  the  next  largest  number  of  votes,  a  list  of  all  the 
nominations  made,  as  herein  provided,  and  to  be  voted  for  at 
such  election,  as  near  as  may  be  in  the  form  in  which  they 
shall  appear  upon  the  general  ballot,  but  such  publication  shall 
not  include  portions  of  the  ballot  relating  to  township,  city  or 
town  officers.  [24  G.  A.,  ch.  33,  §  18.] 

Sec.  1096.  Polls  open.  At  all  elections  the  polls  shall  be 
opened  at  eight  o'clock  in  the  forenoon,  except  in  cities  where 
registration  is  required,  when  the  polls  shall  be  opened  at 
seven  o'clock  in  the  forenoon,  or  in  each  case  as  soon  thereafter 
as  vacancies  in  the  places  of  judges  or  clerks  of  election  have 
been  filled.  In  all  cases  the  polls  shall  be  closed  at  seven  o'clock 
in  the  evening.  [28  G.  A.,  ch.  34,  §  1 ;  24  G.  A.,  ch.  33,  §  32;  C. 
'73,  §611;R.,  §486;C. '51,  §251.] 

Sec.  1094.  Oath.  Before  opening  the  polls,  each  of  the 
judges  and  clerks,  shall  take  the  following,  oath :  "I,  A.  B.,  do 


80  PRIMARY  AND  GENERAL  ELECTION  LAWS 

solemnly  swear  that  I  will  impartially,  and  to  the  best  of  my 
knowledge  and  ability,  perform  the  duties  of  judge  (or  clerk) 
of  this  election,  and  will  studiously  endeavor  to  prevent  fraud, 
deceit  and  abuse  in  conducting  the  same."  [C.  '73,  §  609 ;  R., 
§484;C.  '51,  §249.] 

Sec.  1095.  How  administered.  Any  one  of  the  judges  or 
clerks  present  may  administer  the  oath  to  the  others,  and  it 
shall  be  entered  in  the  poll  books,  subscribed  by  the  person 
taking  it,  and  certified  by  the  officer  administering  it.  [C.  '73, 
§  610;  R.,  §  485;  C.  '51,  §  250.] 

Sec.  1114.  Ballot  furnished  to  voter.  The  judges  of  elec- 
tion of  their  respective  precincts  shall  have  charge  of  the  bal- 
lots and  furnish  them  to  the  voters.  Any  person  desiring  to 
vote  shall  give  his  name,  and,  if  required,  his  residence,  to 
such  judges,  one  of  whom  shall  thereupon  announce  the  same 
in  a  loud  and  distinct  tone  of  voice,  clear  and  audible.  In  pre- 
cincts where  registration  is  required,  if  such  name  is  found  on 
the  register  of  voters  by  the  officer  having  charge  thereof,  he 
shall  likewise  repeat  such  name  in  the  same  manner;  if  the 
name  of  the  person  desiring  to  vote  is  not  found  on  the  register 
of  voters,  his  ballot  shall  not  be  received  until  he  shall  have 
complied  with  the  law  prescribing  the  manner  and  conditions 
of  voting  by  unregistered  voters.  [24  G.  A.,  ch.  33,  §  19.] 

Sec.  1115.  Challenges.  Any  person  offering  to  vote  may  be 
challenged  as  unqualified  by  any  judge  or  elector;  and  it  is  the 
duty  of  each  of  the  judges  to  challenge  any  person  offering  to 
vote  whom  he  knows  or  suspects  not  to  be  duly  qualified;  and 
he  shall  not  receive  a  ballot  from  a  voter  who  is  challenged, 
until  such  voter  shall  have  established  his  right  to  vote.  When 
any  person  is  so  challenged,  the  judges  shall  explain  to  him 
the  qualifications  of  an  elector,  and  may  examine  him  under 
oath  touching  his  qualifications  as  a  voter.  In  all  precincts 
where  registration  is  not  required,  and  in  other  precincts 
where  the  name  of  such  voter  is  entered  upon  the  registration 
lists,  if  the  person  challenged  insists  that  he  is  qualified,  %  and 
the  challenge  is  not  withdrawn,  one  of  the  judges  shall  tender 
to  him  the  following  oath :  "You  do  solemnly  swear  that  you 
are  "a  citizen  of  the  United  States,  that  you  are  a  resident 
good  faith  of  this  precinct,  that  you  are  twenty-one  years  of 
age  as  you  verily  believe,  that  you  have  been  a  resident  of 
this  county  sixty  days,  and  of  this  state  six  months  next -pre- 


V 

METHOD    OF    CONDUCTING    ELECTIONS  81 

ceding  this  election,  and  that  you  have  not  voted  at  this  elec- 
tion," and  if  he  takes  such  oath,  his  vote  shall  be  received. 
[24  G.  A.,  ch.  33,  §  21;  C.  73,  §§  619,  620;  R.,  §§  493-4;  C.  '51, 
§§  258-9.] 

Sec,  1116.  Method  of  voting.  Any  voter  entitled  to  receive 
a  ballot  under  the  provisions  of  this  chapter  shall  be  allowed  to 
enter  the  space  inclosed  by  the  guard  rail.  One  of  the  judges 
shall  give  him  one,  and  only  one,  ballot,  on  the  back  of  which 
such  judge  shall  indorse  his  initials,  in  such  manner  that  they 
may  be  seen  when  the  ballot  is  properly  folded,  and  the  voter's 
name  shall  immediately  be  checked  on  the  registry  list.  TV 
name  of  each  person,  when  a  ballot  is  delivered  to  him,  shall  b^ 
entered  by  each  of  the  clerks  of  election  in  the  poll  book  kept 
by  him,  in  the  place  provided  therefor.  [24  G.  A.,  ch.  33,  §  21 ; 
C.  73,'  §  621 ;  R.,  §  495;  C.  '51,  §  260.] 

Sec.  1117.  Depositing  ballot.  On  receipt  of  the  ballot,  the 
voter  shall,  without  leaving  the  inclosed  space,  retire  alone  to 
one  of  the  voting  booths,  and  without  delay  mark  his  ballot, 
and,  before  leaving  the  voting  booth,  shall  fold  the  same  in 
such  manner  as  to  conceal  the  marks  thereon,  and  deliver  the 
same  to  one  of  the  judges  of  election,  but  the  number  of  the 
voter  on  the  poll  books  or  register  lists  shall  not  be  indorsed  on 
the  back  of  his  ballot.  One  of  the  judges  of  election  shall 
thereupon,  in  the  presence  of  the  voter,  deposit  such  ballot  in 
the  ballot  box,  but  no  ballot  without  the  official  indorsement 
shall  be  allowed  to  be  deposited  therein.  The  voter  shall  quit 
said  inclosed  space  as  soon  as  he  has  voted.  Any  voter  who, 
after  receiving  an  official  ballot,  decides  not  to  vote,  shall,  be- 
fore retiring  from  within  the  guard  rail,  surrender  to  the  elec- 
tion officers  the  official  ballot  which  has  been  given  him,  and 
such  fact  shall  be  noted  on  each  of  the  poll  lists.  A  refusal  to 
surrender  such  ballot  shall  subject  the  person  so  offending  to 
immediate  arrest  and  the  penalties  provided  in  this  chapter. 
No  voter  shall  vote  or  offer  to  vote  any  ballot  except  such  as  he 
has  received  from  the  judges  of  election  in  charge  of  the  bal- 
lots. No  person  shall  take  or  remove  any  ballot  from  the  poll- 
ing place  before  the  close  of  the  poll.  No  voter  shall  be  allowed 
to  occupy  a  voting  booth  already  occupied  by  another  nor  re- 
main within  said  inclosed  space  more  than  ten  minutes,  nor 
to  occupy  a  voting  booth  more  than  five  minutes,  in  case  all  of 
said  voting  booths  are  in  use  and  other  voters  waiting  to "occ'u- 


I 
82  PRIMARY  AND  GENERAL  ELECTION  LAWS 

py  the  same,  nor  to  again  enter  the  inclosed  space  after  having 
voted;  nor  shall  more  than  two  voters  in  excess  of  the  whole 
number  of  voting  booths  provided  be  allowed  at  any  one  time 
in  such  inclosed  space,  except  by  the  authority  of  the  election 
officers  to  keep  order  and  enforce  the  law.  [24  G.  A.,  ch.  33, 
§§  20-2,  25;  C.  73,  §  617;  R.,  §  492;  C.  '51,  §  257.] 

Sec.  1118.  Assistance  to  vote.  Any.  voter  who  may  de- 
clare upon  oath  that  he  cannot  read  the  English  language,  or 
that,  by  reason  of  any  physical  disability,  he  is  unable  to  mark 
his  ballot,  shall,  upon  request,  be  ass'sted  in  marking  the  same 
by  two  of  the  election  officers  of  different  political  parties,  to  be 
selected  from  the  judges  and  clerks  of  the  precinct  in  which 
they  are  to  act,  to  be  designated  by  the  judges  of  election  of 
each  precinct  at  the  opening  of  the  polls.  Such  officers  shall 
mark  the  ballot  as  directed  by  the  voter,  and  shall  thereafter 
give  no  information  regarding  the  same.  The  clerks  of  election 
shall  enter  upon  the  poll  lists,  after  the  name  of  any  elector 
who  received  such  assistance  in  marking  his  ballot,  a  memo- 
randum of  the  fact.  Intoxication  shall  not  be  regarded  as  a 
physical  disability,  and  no  intoxicated  person  shall  be  entitled 
to  assistance  in  marking  his  ballot.  [24  G.  A.,  ch.  33,  §  23.] 

Sec.  1119.  Marking  the  ballot.  Upon  retiring  to  the  vot- 
ing booth  the  voter  shall  mark  his  ballot.  He  may  place  a 
cross,  if  he  desires,  in  the  circle  at  the  head  of  one  ticket  on 
the  ballot  and  the  voter  may  place  a  cross  in  the  square  oppo- 
site the  name  of  any  candidate  for  whom  he  desires  to  vote, 
whether  he  has  put -a  cross  in  the  circle  or  not. 

If  the  voter  does  not  wish  to  vote  for  all  the  candidates  of 
his  party  to  an  office  where  more  than  one  candidate  is  to  be 
elected,  the  cross  in  the  circle  at  the  top  of  his  ticket  shall 
not  apply  to  said  office,  but  the  voter  must  mark  crosses  in 
the  squares  opposite  the  names  of  the  candidates  for  whom  he 
intends  to  vote.  The  voter  may  also  insert  in  writing  in  the 
proper  place  the  name  of  any  person  for  whom  he  desires  to 
vote,  making  a  cross  opposite  thereto.  The  writing  of  such 
name  without  making  a  cross  opposite  thereto,  or  the  making 
of  a  cross  in  a  square  opposite  a  blank  without  writing  a  name 
therein  shall  not  affect  the  validity  of  the  vote.  [38  G.  A.,  ch. 
86,  §  7;  31  G.  A.,  ch.  44,  §  3;  28  G.  A.,  ch.  36,  §  1;  24  G.  A., 
ch.  33,  §  22.] 


METHOD    OF    CONDUCTING    ELECTIONS  83 

Sec.  1120.    Ballot  —  marking     for     candidate  —  rejection. 

When  a  circle  is  marked  the  ballot  shall  be  counted  for  all  the 
candidates  upon  the  ticket  beneath  said  circle,  except  those 
offices  for  which  some  candidate  has  been  voted  for  by  mark- 
ing a  square.  A  cross  placed  in  a  square  shall  be  counted  for 
the  candidate  before  whose  name  the  square  is  so  marked. 

When  a  square  in  front  of  any  candidate  has  been  marked, 
a  mark  in  the  circle  shall  not  count  for  any  candidate  for  that 
particular  office.  When  more  candidates  than  the  number  to 
be  elected  to  the  same  office  are  voted  for.  by  marking  the 
squares  opposite  their  names  the  vote  shall  not  be  counted  for 
any  candidate  for  that  office.  If  less  than  the  whole  number 
of  candidates  to  be  elected  are  voted  for  by  marking  the 
squares  opposite  their  names  the  vote  shall  be  counted  only 
for  those  marked  in  the  square  and  the  mark  in  the  circle  shall 
not  apply.  If  for  any  reason  it  is  impossible  to  determine  the 
voter's  choice  for  any  office,  his  ballot  shall  not  be  counted  for 
such  office,  but  a  mark  in  the  circle  of  any  ticket  on  the  ballot 
shall  not  be  held  to  make  it  impossible  to  determine  the  voter's 
choice.  Any  ballot  marked  by  the  voter  in  any  other  manner 
than  as  authorized  in  this  chapter,  and  so  that  such  mark  may 
be  used  for  the  purpose  of  identifying  such  ballot  shall  be 
rejected.  [38  G.  A.,  ch.  86,  §  8;  31  G.  A.,  ch.  44,  §  4;  24  G.  A., 
ch.  33,  §§  22,  27.] 

Sec.  1121.  Voting  mark — spoiled  ballots.  The  voting  mark 
shall  be  a  cross  in  the  square  opposite  to  the  name  of  the  can- 
didate for  whom  the  voter  desires  to  vote.  Any  voter  who 
shall  spoil  his  ballot  may,  on  returning  the  same  to  the  judges, 
receive  another  in  place  thereof,  but  no  voter  shall  receive  more 
than  three  ballots,  including  the  one  first  delivered  to  him. 
None,  but  ballots  provided  in  accordance  with  the  provisions  of 
this  chapter  shall  be  counted.  [31  G.  A.,  ch.  44,  §  5;  24  G.  A., 
ch.  33,  §§  22,  25.] 

Sec.  1122.  Defects  in  printed  ballot.  No  ballot  properly 
marked  by  the  voter  shall  be  rejected  because  of  any  discrep- 
ancy between  the  printed  ballot  and  the  nomination  paper  or 
certificate  of  nomination,  and  it  shall  be  counted  for  the  cand' 
date. or  candidates  for  such  offices  named  in  the  nomination 
paper  or  certificate  of  nomination.  No  ballot  furnished  by  the 
proper  officer  shall  be  rejected  for  any  error  in  stamping  or 
writing  the  indorsements  thereon  by  the  officials  charged  with 


84  PRIMARY  AND  GENERAL  ELECTION 

such  duties,  nor  because  of  any  error  on  the  part  of  the  officer 
charged  with  such  duty  in  delivering  the  wrong  ballots  at  any 
precinct  or  polling  place,  but  any  ballot  delivered  by  the  proper 
official  to  any  voter  shall,  if  properly  marked  by  the  voter,  be 
counted  as  cast  for  all  candidates  for  whom  the  voter  had  the 
right  to  vote,  and  for  whom  he  has  voted. 

Sec.  1131.  Voting  by  women.  At  all  elections  where  women 
may  vote,  no  registration  of  women  shall  be  required ;  separate 
ballots  shall  be  furnished  for  the  question  on  which  they  are 
entitled  to  vote;  a  separate  ballot  box  shall  be  provided  in 
which  all  ballots  cast  by  them  shall  be  deposited,  and  a  sep- 
arate canvass  thereof  made  by  the  judges  of  the  election,  and 
the  returns  thereof  shall  show  such  vote ;  except  that  in  elec- 
tions for  president,  vice  president  and  presidential  electors, 
women  shall  be  required  to  register  as  provided  in  chapter 
two  (2) "of  this  title,1  and  acts  amendatory  thereto,  and  sep- 
arate ballot  box  shall  not  be  used  for  women's  ballots  at  such 
elections.  The  right  of  any  citizen  to  vote  at  any  city,  town 
or  school  election,  on  the  question  of  issuing  any  bonds  for 
municipal  or  school  purposes,  and  for  the  purpose  of  borrow- 
ing money,  or  on  the  question  of  increasing  the  tax  levy,  shall 
not  be  denied  or  abridged  on  account  of  sex.  [38  G.  A.,  ch.  353, 
§  3 ;  25  G.  A.,  ch.  39.] 

Sec.  1124.  Persons  at  polling  place.  No  persons  shall,  dur- 
ing the  receiving  and  counting  of  the  ballots  at  any  polling 
place,  loiter,  or  congregate,  or  do  any  electioneering  or  solicit- 
ing of  votes,  within  one  hundred  feet  of  any  outside  door  of 
any  building  affording  access  to  any  room  where  the  polls  are 
held,  or  of  any  outside  door  of  any  building  affording  access 
to  any  hallway,  corridor,  or  stairway,  or  other  means  of  reach- 
ing such  room,  nor  shall  any  person  interrupt,  hinder  or 
oppose  any  voter  while  approaching  or  leaving  the  polling  place 
for  the  purpose  of  voting ;  but  any  person  who  is  by  law  author^ 
ized  to  perform  or  is  charged  with  the  performance  of  official 
duties  at  the  election,  and  any  number  of  persons,  not  exceed- 
ing three  from  each  political  party  having  candidates  to  be 
voted  for  at  such  election,  to  act  as  challenging  committees, 
who  are  appointed  and  accredited  by  the  executive  or  central 
committee  of  such  political  party  or  organization,  respectively, 
or  of  persons  not  exceeding  three  from  each  of  such  political 


!See  sec.  1077,  supra. 


METHOD    OF    CONDUCTING    ELECTIONS  85 

parties,  appointed  and  accredited  in  the  same  manner  as  above 
prescribed  for  challenging  committees,  to  witness  the  count- 
ing of  ballots,  may  be  present  at  the  polling  place.  [24  G.  A., 
ch.  33,  §  26 ;  22  G.  A.,  ch.  48,  §  9 ;  21  G.  A.,  ch.  161,  §  13.] 

Sec.  1128.  Arrest  of  disorderly  persons.  If  any  person  con- 
ducts himself  in  a  noisy,  riotous,  tumultuous  or  disorderly  man- 
ner at  or  about  the  polls,  so  as  to  disturb  the  election,  or  insults 
or  abuses  the  judges  or  clerks  of  election,  or  commits  a  breach 
of  the  peace,  or  violates  any  of  the  provisions  of  this  chapter, 
the  judges  or  clerks  of  the  election,  or  any  of  them,  shall  order 
the  arrest  of  any  such  person,  and  the  constable  or  any  special 
policeman  may  forthwith  arrest  him  and  bring  him  before  the 
judges  of  election,  and  they,  by  a  warrant  under  their  hands, 
may  commit  him  to  the  jail  of  the  county  for  a  term  not  ex- 
ceeding twenty-four  hours,  but  they  shall  permit  him  to  vote. 
[22  G.  A.,  ch.  48,  §  9 ;  21  G.  A.,  ch.  161,  §  13 ;  C.  73,  §  613 ;  R., 
§  488;  C.  '51,  §  253.] 

Sec.  1134.  Interference  with  voters.  No  person  shall  on 
election  day  do  any  electioneering  or  solicit  votes  within  any 
polling  place,  or  within  one  hundred  feet  therefrom,  as  defined 
in  this  chapter,  or  interrupt,  hinder  or  oppose  any  voter  while 
approaching  the  polling  place  for  the  purpose  of  voting;  nor 
shall  any  voter,  except  as  provided  by  law,  allow  his  ballot  to 
be  seen  by  any  person,  or  make  a  false  statement  as  to  his 
inability  to  mark  his  ballot ;  nor  shall  any  person  interfere  or 
attempt  to  interfere  with  any  voter  when  inside  the  inclosed 
space,  or  when  marking  his  ballot,  or  endeavor  to  induce  any 
voter,  before  voting,  to  show  how  he  marks  or  has  marked  his 
ballot;  nor  shall  any  person  mark,  or  cause  in  any  manner  to 
be  marked,  on  any  ballot  any  character  for  the  purpose  of  iden- 
tifying such  ballot.  Any  violation  of  the  provisions  of  this  sec- 
tion shall  be  punished  by  a  fine  of  not  less  than  five  nor  more 
than  one  hundred  dollars,  or  by  imprisonment  for  not  less  than 
ten  days  nor  more  than  thirty  days  in  the  county  jail,  or  by 
both  fine  and  imprisonment.  [24  G.  A.,  ch.  33,  §§26,  27.] 

Sec.  1123.  Employes/Any  person  entitled  to  vote  at  a 
general  election  shall,  on  the  day  of  such  election,  be  entitled 
to  absent  himself  from  any  services  in  which  he  is  then  em- 
ployed for  a  period  of  two  hours,  between  the  time  of  opening 
and  closing  the  polls,  which  period  .may  be  designated  by  the 
employer,  and  such  voter  shall  not  be  liable  to  any  penalty,. ndr 


8C  PRIMARY  AND  GENERAL  ELECTION  LAWS 

shall  any  deduction  be  made  from  his  usual  salary  or  wages, 
on  account  of  such  absence,  but  application  for  such  absence 
shall  be  made  prior  to  the  day  of  election.  Any  employer  who 
shall  refuse  to  an  employe  the  privilege,  conferred  by  this  sec- 
tion, or  shall  subject  such  employe  to  a  penalty  or  reduction  of 
wages  because  of  the  exercise  of  such  privilege,  or  shall  in 
any  manner  attempt  to  influence  or  control  such  employe  as 
to  how  he  shall  vote,  by  offering  any  reward,  or  threatening 
discharge  from  employment,  or  otherwise  intimidating  or  at- 
tempting to  intimidate  such  employe  from  exercising  his  right 
to  vote,  shall  be  punished  by  a  fine  of  not  less  than  five  nor 
more  than  one  hundred  dollars.  [24  G.  A.,  ch.  33,  §  24.] 

Sec.  1135.  Defacing  posted  lists  or  cards.  Any  person  who 
shall,  prior  to  any  election,  wilfully  destroy  or  deface  any  list 
of  candidates  posted  in  accordance  with  the  provisions  of  this 
chapter,  or  who,  during  an  election,  shall  wilfully  deface,,  tear 
down,  remove  or  destroy  any  card  of  instruction  or  specimen 
ballot  printed  and  posted  for  the  instruction  of  voters,  or  who 
shall,  during  an  election,  wilfully  remove  or  destroy  any  of  the 
supplies  or  conveniences  furnished  to  enable  voters  to  prepare 
their  ballots,  or  shall  wilfully  hinder  the  voting  of  others,  shall 
be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars,  or  imprisonment  for  not  less  than  ten  nor 
more  than  thirty  days,  or  by  both  fine  and  imprisonment.  [24 
G.  A.,  ch.  33,  §  28.] 

Sec.  1137.  Official  neglect  or  misconduct.  Any  public  offi- 
cer upon  whom  a  duty  is  imposed  by  this  chapter,  who  shall 
wilfully  neglect  to  perform  such  duty,  or  who  shall  wilfully 
perform  it  in  such  a  way  as  to  hinder  the  object  thereof,  or 
shall  disclose  to  any  one,  except  as  may  be  ordered  by  any  court 
of  justice,  the  contents  of  any  ballot,  as  to  the  manner  in  which 
the  same  may  have  been  voted,  shall  be  punished  by  a  fine  of 
not  less  than  five  nor  more  than  one  thousand  dollars,  or  by 
imprisonment  in  the  penitentiary  for  not  less  than  one  nor 
more  than  five  years,  or  by  both  fine  and  imprisonment.  [24 
G.  A.,  ch.  33,  §  30.] 

Sec.  1125.  Special  policemen.  The  city  council  shall  detail 
and  employ,  on  the  nomination  of  the  principal  political  com- 
mittee of  each  political  party  recognized  as  the  two  leading 
parties,  from  citizens,  or  the  police  force  of  the  city,  from  two 
to  four  special  policemen  for  each  precinct,  and  fully  empower 


METHOD    OF    CONDUCTING    ELECTIONS  87 

them  for  the  special  occasion  of  each  election,  who  shall  be  men 
of  good  character  and  reputation,  in  equal  numbers  from  each 
of  the  leading  political  parties,  to  prevent  the  violation  of  any 
of  the  terms,  provisions  or  requirements  of  this  chapter,  or  of 
any  other  command  made  in  pursuance  of  any  provisions  here- 
of, and  no  other  peace  officer  than  those  above  named  shall 
exercise  his  authority  for  preserving  order  at  or  within  one 
hundred  feet  of  such  voting  places,  unless  called  in  by  an  emer- 
gency. If  no  policeman  be  in  attendance,  the  judges  of  elec- 
tion may  appoint  one  or  more  specially,  by  writing,  who  shall 
have  all  the  powers  of  such  special  policeman.  [22  G.  A.,  ch. 
48,  §  9 ;  21  G.  A.,  ch.  161,  §  13.] 

Sec.  1126.  Constables.  Except  in  voting  precincts  within 
any  city,  any  constable  of  the  township,  who  may  be  designated 
by  the  judges  of  election,  shall  attend  at  the  place  of  election : 
if  none  attend,  the  judges  of  the  election  may,  in  writing,  spe- 
cially appoint  one  or  more,  who  shall  have  all  the  powers  of  a 
regular  constable.  [C.  73,  §  612;  R.,  §  487;  C.  '51,  §  252.] 

Sec.  1127.  Preserving  order.  All  special  policemen  and  con- 
stables are  authorized  and  required  to  preserve  order  and  peace 
at  all  places  of  election,  and  such  special  policemen,  constables, 
and  all  other  persons  are  authorized  and  required  to  obey  the 
lawful  orders  and  commands  of  said  judges  of  election  given 
to  prevent  violations  of  this  chapter.  ,  [22  G.  A.,  ch.  48,  §  9 ; 
21  G.  A.,  ch.  161,  §  13 ;  C.  '73,  §  612 ;  R.,  §  487 ;  C.  '51,  §  252.] 

Sec.  1129.  Expenses  —  special  policemen  —  compensation. 
The  special  policemen  appointed  under  the  provisions  of  this 
chapter  shall  be  entitled  to  receive  two  dollars  a  day  as  com- 
pensation for  their  services,  which  with  the  expense  of  provid- 
ing booths,  guard  rails,  and  other  things  required  in  this  chap- 
ter shall  be  paid  in  the  same  manner  as  other  election  expenses. 
The  printing  and  distributing  of  ballots  and  cards  of  instruc- 
tion to  the  voters,  described  in  this  chapter,  for  any  general 
election,  shall  be  at  the  expense  of  the  county,  and  shall  be  pro- 
vided for  in  the  same  manner  as  other  county  election  ex- 
penses. The  printing  and  distribution  of  ballots  for  use  in  city 
elections  shall  be  at  the  expense  of  the  city  or  town  in  which 
the  election  shall  be  held.  [30  G.  A.,  ch.  39 ;  24  G.  A.,  ch.  33, 
§§  2,  20.] 

Sec.  1133.  Penalty.  Any  person  violating  or  attempting  to 
violate  any  provisions  or. requirements  of  this  chapter,,  or  fail-. 


88  PRIMARY  AND  GENERAL  ELECTION  LAWS 

ing  or  refusing  to  comply  with  any  order  or  command  of  ar 
election  officer,  made  in  pursuance  of  the  provisions  of  thL< 
chapter,  shall  be  punished  by  a  fine  of  not  less  than  fifty,  no] 
more  than  two  hundred  dollars,  or  by  imprisonment  of  noi 
less  than  twenty  days,  nor  more  than  six  months,  in  the  countj 
jail.  [22  G.  A.,  ch.  48,  §  9 ;  21  G.  A.,  ch.  161,  §  13.] 

Sec.  1134-a.  Promise  of  position  prohibited.  It  shall  be  un 
lawful  for  any  candidate  for  any  office  to  be  voted  for  at  anj 
primary,  municipal  or  general  election,  prior  to  his  nominatior 
or  election,  to  promise,  either  directly  or  indirectly,  to  support 
or  use  his  influence  in  behalf  of  any  person  or  persons  f or  anj 
position,  place  or  office,  or  to  promise  directly  or  indirectly  to 
name  or  appoint  any  person  or  persons  to  any  place,  position 
or  office  in  consideration  of  any  person  or  persons  supporting 
him  or  using  his,  her  or  their  influence  in  securing  his  or  her 
nomination,  election  or  appointment.  [35  G.  A.,  ch.  303,  §  1.] 

Sec.  1134-b.  Promise  of  influence  prohibited.  It  shall  be. 
unlawful  for  any  person  to  solicit  from  any  candidate  for  any 
office  to  be  voted  for  at  any  primary,  municipal  or  general  elec- 
tion, or  any  candidate  for  appointment  to  any  public  office 
prior  to  his  nomination,  election  or  appointment,  to  promise; 
directly  or  indirectly,  to  support  or  use  his  or  her  influence  ir 
behalf  of  any  person  or  persons  for  any  position,  place  or  office, 
or  to  promise  either  directly  or  indirectly  to  name  or  appoint 
any  person  or  persons  to  any  place,  position  or  office  in  consid- 
eration of  any  person  or  persons  supporting  him  or  her,  or 
using  his,  her  or  their  influence  in  securing  his  or  her  nomina- 
tion, election  or  appointment.  [35  G.  A.,  ch.  303,  §  2.] 

Sec.  1134-c.  Penalty.  Any  person  violating  any  of  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor  and 
punished  as  provided  in  section  eleven  hundred  thirty-seven-a 
six,  supplement  to  the  code,  1907.  [35  G.  A.,  ch.  303,  §  3.] 


DIVISION  XII. 
CANVASS  OF  VOTES. 

Section  1138.  By  judges.  When  the  poll  is  closed,  the 
judges  of  election  shall  forthwith,  and  without  adjournment, 
canvass  the  vote  and  ascertain  the  result  of  it,  comparing  the 
poll  lists  and  correcting  errors  therein.  Each  clerk  shall  keep 
a -tally  list  of  the  count.  The  canvass  shall  be  public,  and  each 


CANVASS ;OF    VOTES  89 

•  » 

candidate  shall  receive  credit  for  the  number  of  votes  counted 
for  him.  The  candidate  receiving  the  highest  number  of  votes, 
if  for  an  office  in  that  precinct  alone,  shall  be  declared  elected, 
and  judges  shall  issue  certificates  accordingly.  [C.  '73, 
§§  622-3,  626;  R.,  §§  496-7,  501;  C.  '51,  §§  261-2,  266.] 

Sec.  1139.  Defective  ballots.  If  two  or  more  marked  bal- 
lots are  so  folded  together  as  to  appear  to  be  cast  as  one,  the 
judges  shall  indorse  thereon  "rejected  as  double."  Such  bal- 
lots shall  not  be  counted,  but  shall  be  folded  together  and  kept 
as  hereinafter  directed.  Every  ballot  not  counted  shall'  be 
indorsed  "defective"  on  the  back  thereof.  Every  ballot  ob- 
jected to  by  a  judge  or  challenger,  but  counted,  shall  be  in- 
dorsed on  the  back  thereof  "objected  to,"  and  there  shall  also 
be  indorsed  thereon,  and  signed  by  the  judges,  a  statement  as 
to  how  it  was  counted.  All  ballots  indorsed  as  required  by  this 
section  shall  be  inclosed  and  securely  sealed  in  an  envelope,  on 
which  the  judges  shall  indorse  "disputed  ballots,"  with  a  state- 
ment of  the  precinct  in  which,  and  date  of  the  election  at  which, 
they  were  cast,  signed  by  the  judges.  [24  G.  A.,  ch.  33,  §  25; 
C.  73,  §  623;  R.,  §  497;  C.  '51,  §  262.] 

Sec.  1140.  Excess  of  ballots.  If  the  ballots  for  any  officer 
exceed  the  number  of  the  voters  in  the  poll  list,  such  fact  shall 
be  certified,  with  the  number  of  the  excess,  in  the  return,  and 
if  the  vote  of  the  precinct  where  the  error  occurred  would 
change  the  result  as  to  a  county  officer,  if  the  person  appearing 
to  be  elected  were  deprived  of  so  many  votes,  then  the  election 
shall  be  set  aside  as  to  him  in  that  precinct,  and  a  new  election 
ordered  therein ;  but  no  person  residing  in  another  precinct  at 
the  time  of  the  general  election  shall  be  allowed  to  vote  at  such 
special  election.  If  the  error  occurs  in  relation  to  a  township 
officer,  the  trustees  may  order  a  new  election  or  not,  in  their 
discretion.  If  the  error  be  in  relation  to  a  district  or  state 
officer,  it,  with  the  number  of  the  excess,  shall  be  certified  to 
the  state  canvassers,  and  if  the  error  would  affect  the  result,  a 
new  vote  shall  be  ordered  in  the  precinct  where  the  error  hap- 
pened, and  the  canvass  be  suspended  until  such  new  vote  is 
taken  and  returned.  When  there  is  a  tie  vote  and  such  an  ex- 
cess, there  shall  be  a  new  election.  [C.  '73,  §  627 ;  R.,  §  498 ;  C. 
'51,  §  263.] 

Sec.  1141.  Return  of  ballots  not  voted.  Ballots  not  voted, 
or  spoiled  by  voters  while  attempting  to  vote,  shall  be  returned 


90  PRIMARY  AND  GENERAL  ELECTION  LAWS 

by  the  judges  of  election  to  the  officer  or  authorities  charged 
with  their  printing  and  distribution,  and  a  receipt  taken  there- 
for, and  they  shall  be  preserved  for  six  months.  Such  officer 
shall  keep  a  record  of  the  number  of  ballots  delivered  from  each 
polling  place,  the  name  of  the  person  to  whom,  and  the  time 
when,  delivered,  and  enter  upon  such  record  the  number  and 
character  of  the  ballots  returned,  with  the  time  when  and  the 
person  by  whom  they  are  returned.  [24  G.  A.,  ch.  33,  §  25.] 

Sec.  1142.  Proclamation  of  result — preservation  of  ballots. 
When  the  canvass  is  completed,  the  clerk  shall  announce  to  the 
judges  the  total  number  of  votes  received  by  each  candidate. 
One  or  more  of  their  number  shall  then  proclaim  in  a  loud  voice 
the  total  number  of  votes  received  by  each  of  the  persons  voted 
for,  and  the  office  for  which  he  is  designated,  as  announced  by 
said  clerks,  and  the  number  of  votes  for,  and  the  number  of 
votes  against,  any  proposition  which  shall  have  been  submitted 
to  a  vote  of  the  people.  Immediately  after  making  such  pro- 
clamation, and  before  separating,  the  judges  shall  fold  in  two 
folds,  and  string  closely  upon  a  single  piece  of  flexible  wire, 
all  ballots  which  have  been  counted  by  them,  except  those 
indorsed  "rejected  as  double,"  "defective,"  or  "objected  to," 
unite  the  ends  of  such  wire  in  a  firm  knot,  seal  the  knot  in 
such  a  manner  that  it  cannot  be  untied  without  breaking  the 
seal,  inclose  the  ballots  so  strung  in  an  envelope,  and  securely 
seal  such  envelope.  The  judges  shall  at  once  return  all  the 
ballots  to  the  officer  from  whom  they  were  received,  who  shall 
carefully  preserve  them  for  six  months.  [24  G.  A.,  ch.  33,  §  25 ; 
C.  73,  §  630.] 

Sec.  1143.  Destruction  of  ballots.  If  at  the  expiration  of 
six  months  no  contest  is  pending,  the  officer  having  the  ballots 
in  custody,  without  opening  the  package  in  which  they  have 
been  inclosed,  shall,  in  the  presence  of  two  electors  to  be  desig- 
nated by  the  chairman  of  the  board  of  supervisors,  one  each 
from  the  two  leading  political  parties,  or,  in  municipal  elec- 
tions, by  the  mayor  of  the  city  or  town  in  which  they  are  kept, 
destroy  the  same  by  burning;  provided,  however/that  the  bal- 
lots cast  at  a  primary  election  shall,  where  no  contest  is  pend- 
ing, be  destroyed  ten  days  prior  to  the  holding  of  the  general 
election  following  the  primary  election  at  which  said  ballots 
were  cast.  If  a  contest  is  pending,  the  ballots  shall  be  kept 
until  the  same  is  finally  determined,  and  then  so  destroyed. 
[33  G.  A.,  ch.  73,  §  1 ;  24  G.  A.,  ch.  33,  §  25.] 


CANVASS    OF   VOTES  91 

Sec.  1144.  Return  of  board.  A  return  shall  be  made  in 
each  poll  book,  giving,  in  words  written  at  length,  the  whole 
number  of  ballots  cast  for  each  officer,  except  those  rejected, 
the  name  of  each  person  voted  for,  and  the  number  of  votes 
given  to  each  person  for  each  different  office;  which  return 
shall  be  signed  by  the  judges,  and  be  substantially  as  follows: 

At  an  election  at  the  house  of In township,  or  in 

precinct  of township,  in county,  state  of  Iowa, 

on  the day  of ,  A.  D ,  there  were bal- 
lots cast  for  the  office  of  (governor),  of  which 

A B had votes. 

C D had votes. 

(and  in  the  same  manner  for  any  other  officer.) 

A  true  return. 


N O IJudges 


Attest:     R S....  ...) 

m  jj  (,  Clerks  of  Election. 

[19  G.  A.,  ch.  163,  §  14;  C.  '73,  §§  628,  661;  R.,  §§  502,  537; 
C.  '51,  §§  281,  303.] 

Sec.  1145.     Poll  books  returned  and  preserved.    One  of  the 

poll  books  containing  such  return,  with  the  register  of  election 
attached  thereto,  shall  be  delivered  by  one  of  the  judges  of 
election,  within  two  days,  to  the  county  auditor.  In  township 
precincts,  the  other  of  said  poll  books,  with  the  register  of 
election  attached,  shall  be  delivered  by  one  of  the  judges  of 
election  to  the  township  clerk.  In  city  precincts,  the  other  of 
said  poll  books,  with  the  register  of  election  attached,  shall  be 
delivered  by  one  of  the  judges  of  election  to  the  city  clerk. 
In  town  elections,  the  other  of  said  poll  books,  with  register  of 
election  attached,  shall  be  delivered  by  one  of  the  judges  of 
election  to  the  town  clerk.  In  each  case,  the  receiving  officer 
shall  file  said  books,  and  the  registry  books  and  lists  and  other 
papers  pertaining  to  registration,  in  his  office,  and  preserve  the 
same  for  eighteen  months,  or  until  the  determination  of  any 
contest  then  pending,  after  which  they  shall  be  destroyed.  [22 
G.  A.,  ch.  48,  §  6;  C.  73,  §§  503,  629;  R.,  §§  333,  503,  1131; 
C.  '51,  §  268.] 

Sec.  1146.  Canvass  of  returns  from  precincts.  If  there  are 
two  or  more  precincts  in  any  township,  city  or  ward,  the  trus- 
tees and  clerk,  or  the  mayor  and  clerk,  as  the  case  may  be. 


92  PRIMARY  AND  GENERAL  ELECTION  LAWS 

shall,  on  the  day  after  the  election,  meet  and  canvass  the  re- 
turns from  all  precincts  for  votes  cast  for  officers  to  be  elected 
by  such  township,  city  or  ward.  The  returns  shall  be  opened  in 
the  presence  of  all  the  canvassers,  and  an  abstract  of  votes 
made  and  signed  by  them,  and  the  result  declared,  and  a  cer- 
tificate of  election  signed  by  them  given  the  candidates  elected. 
If  the  mayor  shall  have  been  a  candidate  at  such  election,  a 
justice  of  the  peace  of  the  county,  selected  by  the  clerk,  shall 
act  with  him  in  making  the  canvass.  [C.  73,  §  502-3,  631 ;  R., 
§  1131.] 

Sec.  1147.  Township,  city  and  town  officers  notified.  Notice 
of  the  result  of  the  election  of  the  township,  city  and  town 
officers  shall  be  given  by  the  township,  city  or  town  clerk,  as 
the  case  may  be,  within  five  days  thereafter,  by  posting,  in 
three  public  places  in  the  township,  town  or  city,  notices  con- 
taining the  names  of  persons  declared  elected,  and  requiring 
each  of  them  to  appear  before  the  proper  officer  and  qualify 
according  to  law.  [C.  73,  §  633 ;  R.,  §  548 ;  C.  '51,  §  317.] 

Sec.  1148.  Returns  from  precincts  secured.  If  the  returns 
from  all  the  precincts  are  not  made  to  the  county  auditor  by 
the  third  day  after  the  election,  on  the  fourth  he  shall  send 
messengers  to  obtain  such  of  them  as  are  wanting,  the  expense 
of  which  shall  be  paid  by  the  county.  [C.  73,  §  634 ;  R.,  §  505 ; 
C.  '51,  §  270.] 

Sec.  1149.  Canvass  by  board  of  supervisors.  At  their  meet- 
ing on  the  Monday  after  the  general  election,  at  twelve  o'clock, 
noon,  the  board  of  supervisors  shall  open  and  canvass  the 
returns,  and  make  abstracts,  stating,  in  words  written  at 
length,  the  number  of  ballots  cast  in  the  county  for  each  office, 
the  name  of  each  person  voted  for,  and  the  number  of  votes 
given  to  each  person  for  each  different  office.  [19  G.  A.,  ch. 
163,  §  14;  C.  73,  §§  632,  662;  R.,  §§  335,  506,  538-9;  C.  '51, 
§§  271,  304-5.] 

Sec.  1150.  Abstracts  of  votes.  The  abstracts  of  votes  for 
each  of  the  following  classes  shall  be  made  on  a  different  sheet : 

1.  President  and  vice  president  of  the  United  States. 

2.  Governor  and  lieutenant  governor. 

3.  All  state  officers  not  otherwise  provided  for. 

4.  Representatives  in  congress. 

5.  Senators  and  representatives  in  the  general  assembly  for 
the  county  alone. 


CANVASS    OF   VOTES  93 

6.  Senators  and  representatives  in  the  general  assembly  by 
districts  comprising  more  than  one  county. 

7.  Judges  of  the  district  court. 

8.  County  officers. 

9.  Senators  in  the  congress  of  the  United  States.     [38  G.  A., 
ch.  86,  §  3;  C.  73,  §§  636,  662;  R.,  §§  507,  538-9;  C.  '51, 
§§  272,  304-5.] 

Sec.  1151.  Duplicate  abstracts.  Abstracts  of  all  the  votes 
cast  for  senators  in  the  congress  of  the  United  States,  con- 
gressmen, president  and  vice  president  of  the  United  States, 
state  or  judicial  district  officers,  shall  be  made  in  duplicate, 
and  signed  by  the  board  of  county  canvassers,  one  of  which 
shall  be  forwarded  to  the  secretary  of  state,  and  the  other  filed 
by  the  county  auditor.  [38  G.  A.,  ch.  86,  §  4 ;  C.  '73,  §§  637,  662 ; 
R.,  §§  507,  538-9;  C.  '51,  §§  272,  304-5.] 

Sec.  1152.  Declaration  of  election.  Each  abstract  of  the 
votes  for  such  officers  as  the  county  alone  elects  shall  contain 
a  declaration  of  whom  the  canvassers  determined  to  be  elected, 
except  when  two  or  more  persons  receive  an  equal  and  the 
greatest  number  of  votes.  [C.  '73,  §  639 ;  R.,  §  509 ;  C.  '51, 
§  275.] 

Sec.  1153.  For  senator  or  representative  for  district.  When 
a  senator  or  representative  in  the  general  assembly  is  elected 
by  a  district  composed  of  two  or  more  counties,  the  several 
boards  of  canvassers  therein  shall,  after  the  canvass  of  the 
vote,  make  and  certify  as  many  copies  of  the  abstract  of  the 
votes  for  such  office  as  there  are  counties  in  such  senatorial 
or  representative  district,  and  one  additional,  and  the  auditor 
in  each  county  shall  seal  up,  direct  and  transmit  one  copy  to 
the'  secretary  of  state,  and  one  to  the  auditor  of  each  other 
county  in  the  district,  who  shall  file  the  same  in  their  respective 
offices,  and  he  shall  preserve  one  in  his  office.  [C.  '73,  §  646.] 

Sec.  1154.  Returns  filed.  When  the  canvass  is  concluded, 
the  board  shall  deliver  the  original  returns  to  the  auditor,  who 
shall  file  the  same,  and  record  each  of  the  abstracts  above  men- 
tioned in  the  election  book.  [C.  '73,  §  640;  R.,  §§  335,  510; 
C.  '51,  §  276.] 

Sec.  1155.  Certificate  of  election.  When  any  person  is  thus 
declared  elected,  there  shall  be  delivered  him  a  certificate  of 
election,  under  the  official  seal  of  the  county,  in  substance  as 
follows : 


94  PRIMARY  AND  GENERAL  ELECTION  LAWS 

STATE  OF  TOWA, 
County. 

At  an  election  holden  in  said  county  on  the day  of. 

A.  D ,  A B was  elected  to  the  office  of 

of  the  said  county  for  the  term  of years  from  the day 

of A.  D ,  (or  if  he  was  elected  to  fill  a  va- 
cancy, say  for  the  residue  of  the  term  ending  on  the day  of 

,  A.   D ),   and   until   his   successor   is 

elected  and  qualified. 

C D.. , 

President  of  Board  of  Canvassers. 

Witness,  E ...F ,  County  Auditor  (Clerk). 

which  certificate  shall  be  presumptive  evidence  of  his  election 
and  qualification.  [C.  73,  §  641 ;  R.,  §§  511,  514;  C.  '51,  §  277.] 

Sec.  1156.  Of  senators  and  representatives.  The  certificate 
of  election  of  senators  and  representatives  shall  be  in  dupli- 
cate, and  substantially  in  the  form  given,  with  such  changes 
only  as  are  necessary,  one  of  which  shall  be  delivered  to  the 
person  entitled. thereto,  and  the  other  forwarded  to  the  secre- 
tary of  state.  [C.  73,  §  642 ;  R.,  §  512 ;  C.  '51,  §  278.] 

Sec.  1157.  Abstracts  forwarded  to  secretary  of  state. 
Within  ten  days  after  the  election,  one  of  the  abstracts  of  votes 
for  governor  and  lieutenant  governor  shall  be  sealed  up  by  the 
auditor,  indorsed  "Abstract  of  votes  for  governor  and  lieu- 
tenant governor  from county  (naming  the  county) ," 

and  be  by  him  forwarded  to  the  speaker  of  the  house  of  repre- 
sentatives; those  for  president  and  vice  president  of  the 
United  States,  senators  and  representatives  in  congress,  and 
all  other  state  and  district  officers,  shall  be  separately  sealed 
up,  indorsed  in  like  manner,  with  necessary  changes,  and  then 
all  placed  in  one  package  and  forwarded  to  the  secretary^  of 
state.  Abstracts  of  votes  cast  at  special  elections  to  fill  vacan- 
cies in  office  shall  be  forwarded  as  soon  as  canvassed.  [38  G. 
A.,  ch.  86,  §  5;  35  G.  A.,  ch.  109,  §  7;  C.  73,  §§  645,  662;  R., 
§§  517,  518,  538-9 ;  C.  '51,  §§  283-4,  304-5.] 

Sec.  1158.  Returns  procured  from  counties.  If  the  ab- 
stracts from  any  county  are  not  received  at  the  office  of  the 
secretary  of  state  within  fifteen  days  after  the  day  of  election, 
he  shall  send  a  messenger  to  the  auditor  of  such  county,  who 
shall  furnish  him  with  them,  or,  if  they  have  been  sent,  with 
a  copy  thereof,  and  he  shall  return  them  to  the  secretary  with- 
out delay.  [C.  73,  §§  649,  662;  R.,  §§  519,  538-9;  C.  '51, 
§§  285,  304-5.] 


CANVASS  OF   VOTES  95 

Sec.  30-a.    Canvass  of  votes — oath — message  of  governor. 

The  general  assembly  shall  meet  in  joint  session  on  the  second 
Tuesday  of  January  or  as  soon  thereafter  as  both  houses  have 
been  organized  after  the  biennial  election,  and  canvass  the 
votes  cast  for  governor  and  lieutenant  governor  and  determine 
the  election;  and  when  the  canvass  is  completed,  the  oath  of 
office  shall  be  administered  to  the  persons  so  declared  elected 
and  the  governor  shall  deliver  to  the  joint  assembly  any  mes- 
sage he  may  deem  expedient.  [35  G.  A.,  ch.  2,  §  1.] 

Sec.  1159.  Abstracts  opened.  The  abstracts  received  by 
the  secretary  of  state  shall  be  kept  by  him  until  the  day  fixed 
for  their  opening,  and  shall  then  be  opened  only  in  the  presence 
of  the  state  board  of  canvassers.  [C.  73,  §  650;  R.,  §  520; 
C.  '51,  §  286.] 

Sec.  1160.  State  board  of  canvassers.  The  executive  coun- 
cil constitutes  a  board  of  canvassers  for  the  state,  but  no  mem- 
ber thereof  shall  take  part  in  canvassing  the  votes  for  any  office 
for  which  he  himself  is  a  candidate.  [C.  73,  §  651 ;  R.,  §  521 ; 
C,  '51,  §  287.] 

Sec.  1161.  Time  of  state  canvass.  On  the  twentieth  day 
after  the  day  of  election,  the  board  of  state  canvassers  shall 
open  and  examine  all  of  the  returns.  If  they  are  not  received 
from  all  the  counties,  it  may  adjourn,  not  exceeding  twenty 
days,  for  the  purpose  of  obtaining  them,  and,  when  received, 
shall  proceed  with  the  canvass.  Returns  of  elections  to  fill  va- 
cancies in  office  shall  be  canvassed  as  soon  as  received.  [C. 
73,  §§  652,  663;  R.,  §§  522,  540;  C.  '51,  §§  288,  306.] 

Sec.  1162.  Canvass  by  state  board,  including  votes  for 
United  States  senator.  The  board  of  state  canvassers  shall 
open  the  abstracts  for  state  senators  and  representatives 
transmitted  to  the  secretary  of  state,  and  canvass  the  votes 
therein  returned,  at  the  time  and  in  the  manner  of  canvassing 
the  state  vote,  or  at  such  other  time  as  they  may  fix,  at  least 
twenty  days  prior  to  the  time  fixed  by  law  for  the  meeting  of 
the  next  general  assembly,  and  in  case  of  a  special  election, 
within  five  days  after  the  receipt  of  such  abstracts,  and  shall 
immediately  make  out,  certify,  and  transmit  by  mail  to  the 
county  auditor  of  each  county  in  the  district,  to  be  by  him  filed 
in  his  office,  a  copy  of  the  abstract  of  such  canvass  required  in 
the  next  section,  which  shall  be  recorded  by  him  in  the  election 


9$  PRIMARY  AND- GENERAL  ELECTION  LAWS 

book.  The  said  board  shall  at  the  same  time  and  in  the  same 
manner  open  the  abstracts  of  the  vote  for  senator  in  the  con- 
gress of  the  United  States,  transmitted  to  the  secretary  of 
state,  and  canvass  the  vote  therein  returned.*  [35  G.  A.,  ch. 
109,  §  8;  C.  73,  §  647.] 

Sec.  1163.  Abstract  of  result.  It  shall  make  an  abstract 
stating,  in  words  written  at  length,  the  number  of  ballots  cast 
for  each  office,  the  names  of  all  the  persons  voted  for,  for  what 
office,  the  number  of  votes  each  received,  and  whom  they  de- 
clare to  be  elected ;  which  abstract  shall  be  signed  by  the  can- 
vassers in  their  official  capacity  and  as  state  canvassers,  and 
have- the  seal  of  the  state  affixed.  [19  G.  A.,  ch.  163,  §  14;  C. 
73,  §§  653,  663;  R.,  §§  523,  540;  C.  '51,  §§  289,  306.] 

Sec.  1164.  Record  of  canvass.  The  secretary  of  state  shall 
file  the  abstracts  when  received  and  shall  have  the  same  bound 
in  book  form  to  be  kept  by  him  as  a  record  of  the  result  of  said 
state  election,  to  be  known  as  the  state  election  book.  [32  G. 
A.,  ch.  52;  C.  73,  §  654;  R.,  §  524;  C.  '51,  §  290.] 

Sec.  1165.  Certificate  of  election.  Each  person  declared 
elected  by  the  state  board  of  canvassers  shall  receive  a  certif- 
icate thereof,  signed  by  the  governor,  or,  in  his  absence,  by 
the  secretary  of  state,  with  the  seal  of  state  affixed,  attested  by 
the  other  canvassers,  to  be  in  substance  as  follows : 

STATE  OF  IOWA: 

To  A B ,  Greeting:    It  is  hereby  certified  that, 

at  an  election  holden  on  the day  of ,  you  were  elected 

to  the  office  of of  said  state,  for  the  term  of years, 

from  and  after  the day  of (or  if  to  fill  a  vacancy, 

for  the  residue  of  the  term,  ending  on  the day  of ). 

Given  at  the  seat  of  government  this.. day  of 

If  the  governor  be  absent,  the  certificate  of  the  election  of 
the  secretary  of  state  shall  be  signed  by  the  auditor.  The  'cer- 
tificate to  members  of  the  legislature  shall  describe,  by  the 
number,  the  district  from  which  the  member  is  elected.  [C. 
73,  §§  655,  657;  R.,  §§  524,  527;  C.  '51,  §§  290,  293.] 

Sec.  1167.  Certificates  mailed.  The  secretary  of  state  shall 
deliver  or  mail  certificates  of  election  to  the  persons  declared 
elected.  [C.  73,  §§  648,  656,  658;  R.,  §§  526,  528;  C.  '51, 
§§  291-2.] 


•Remaining  portion  of  this  section  is  now  obsolete. 


CANVASS   OF   VOTES  97 

Sec.  1166.  Representative  in  congress.  The  certificate  of 
the  election  of  a  representative  in  congress  shall  be  signed  by 
the  governor,  with  a  seal  of  the  state  affixed,  and  be  counter- 
signed by  the  secretary  of  state.  [C.  73,  §  658;  R.,  §  528;  C. 
'51,  §  291.] 

Sec.  1169.  Tie  vote.  If  more  than  the  requisite  number  of 
persons,  including  presidential  electors,  are  found  to  have  an 
equal  and  the  highest  number  of  votes,  the  election  of  one  of 
them  shall  be  determined  by  lot.  The  name  of  each  of  such 
candidates  shall  be  written  on  separate  pieces  of  paper,  as 
nearly  uniform  in  size  and  material  as  possible,  and  placed  in  a 
receptacle  so  that  the  names  cannot  be  seen.  In  the  presence 
of  the  board  of  canvassers,  one  of  them  shall  publicly  draw  one 
of  such  names,  and  such  person  shall  be  declared  elected.  The 
result  of  such  drawing  shall  be  entered  upon  the  abstract  of 
votes  and  duly  recorded,  and  a  certificate  of  election  issued  to 
such  person,  as  provided  in  this  chapter.  [C.  73,  §§  632,  643-4, 
664;  R.,  §§  515,  516,  541,  547;  C.  '51,  §§  281-2,  307,  316.] 

Sec.  679.  Tie  vote,  city  or  town  office.  In  the  event  of  a  tie 
vote  for  any  city  or  town  office,  the  election  shall  be  determined 
as  provided  in  the  chapter  on  elections. 

Sec.  1170.  Canvass  public — result  determined.  All  can- 
vasses of  returns  shall  be  public,  and  the  persons  having  the 
greatest  number  of  votes  shall  be  declared  elected.  [C.  '73, 
§§  623,  638,  664;  R.,  §§  497,  508,  541 ;  C.  '51,  §§  262,  273,  307.] 

Sec.  1171.  Special  elections — canvass  and  certificate.  In 
case  a  special  election  has  been  held,  the  board  of  county  can- 
vassers shall  meet  at  one  o'clock  in  the  afternoon  of  the  second 
day  thereafter,  and  canvass  the  votes  cast  thereat.  The  county 
auditor,  as  soon  as  the  canvass  is  completed,  shall  transmit  to 
the  secretary  of  state  an  abstract  of  the  votes  so  canvassed, 
and  the  state  board,  within  five  days  after  receiving  such  ab- 
stracts, shall  canvass  the  returns.  A  certificate  of  election 
shall  be  issued  by  the  county  or  state  board  of  canvassers,  as 
in  other  cases.  All  the  provisions  regulating  elections,  obtain- 
ing returns,  and  canvass  of  votes  at  general  elections,  except 
as  to  time,  shall  apply  to  special  elections.  [C.  '73,  §§  791-3; 
R.,  §  673.] 

Sec.  1172.  Messengers  for  election  returns.  Messengers 
sent  for  the  returns  of  elections  shall  be  paid  from  the  state  or 
county  treasury,  as  the  case  may  be,  ten  cents  a  mile  going 
and  returning.  [C.  73,  §  3827 ;  R.,  §  529 ;  C.  '51,  §  296.] 


98  PRIMARY  AND  GENERAL  ELECTION  LAWS 

DIVISION  XIII. 
VOTING  MACHINES. 

Section  1137-a7.  Use  of  voting  machines  authorized.  That 
at  all  state,  county,  city,  town,  primary  arid  township  elections 
hereafter  held  in  the  state  of  Iowa,  ballots  or  votes  may  be 
cast,  registered,  recorded,  and  counted  by  means  of  voting  ma- 
chines, as  hereinafter  provided.  [33  G.  A.,  ch.  72,  §  1 ;  28  G. 
A.,  ch.  37,  §1.] 

Sec.  1137-a8.  Board  of  supervisors  to  purchase.  Hereafter 
the  board  of  county  supervisors  of  any  county,  or  the  council 
of  any  incorporated  city  or  town  in  the  state  of  Iowa  may,  by 
a  two-thirds  vote,  authorize,  purchase,  and  order  the  use  of 
voting  machines  in  any  one  or  more  voting  precincts  within 
said  county,  city,  or  town,  until  otherwise  ordered  by  said 
board  of  county  supervisors  or  city  or  town  council.  [28  G.  A., 
ch.  37,  §  2.] 

Sec.  1137-al4.  Bonds — certificates  of  indebtedness.  The 
local  authorities,  on  the  adoption  and  purchase  of  a  voting  ma- 
chine, may  provide  for  the  payment  therefor  in  such  manner 
as  they  may  deem  for  the  best  interest  of  the  locality,  and 
may  for  that  purpose  issue  bonds,  certificates  of  indebtedness, 
or  other  obligations  which  shall  be  a  charge  on  the  county,  city, 
or  town.  Such  bonds,  certificates,  or  other  obligations  may  be 
issued  with  or  without  interest,  payable  at  such  time  or  times 
as  the  authorities  may  determine,  but  shall  not  be  issued  or 
sold  at  less  than  par.  [28  G.  A.,  ch.  37,  §  8.] 

Sec.  1137-a9.  Commissioners  —  term  —  removal.  Within 
thirty  days  after  this  act  goes  into  effect,  the  governor  shall 
appoint  three  commissioners  and  not  more  than  two  of  whom 
shall  be  from  the  same  political  party.  The  said  commissioners 
shall  hold  office  for  the  term  of  five  years,  subject  to  removal 
at  the  pleasure  of  the  governor.  [28  G.  A.,  ch.  37,  §  3.] 

Sec.  1137-alO.  Examination  of  machine — report  of  com- 
missioners— compensation.  Any  person  or  corporation  owning 
or  being  interested  in  any  voting  machine  may  call  upon  the 
said  commissioners  to  examine  the  said  machine,  and  make 
report  to  the  secretary  of  state  upon  the  capacity  of  the  said 
machine  to  register  the  will  of  voters,  its  accuracy  and  effi- 
ciency, and  with  respect  to  its  mechanical  perfections  and  im- 
perfections. Their  report  shall  be  filed  in  the  office  of  the  sec- 


VOTING    MACHINES  99 

retary  of  state  and  shall  state  whether  in  their  opinion  the  kind 
of  machine  so  examined  can  be  safely  used  by  such  voters  at 
elections  under  the  conditions  prescribed  in  this  act.  If  the 
report  states  that  the  machine  can  be  so  used,  it  shall  be 
deemed  approved  by  the  commissioners,  and  machines  of  its 
kind  may  be  adopted  for  use  at  elections  as  herein  provided. 
Any  form  of  voting  machine  not  so  approved  cannot  be  used 
at  any  election.  Each  commissioner  is  entitled  to  one  hundred 
fifty  dollars  for  his  compensation  and  expenses  in  making  such 
examination  and  report,  to  be  paid  by  the  person  or  corpo- 
ration applying  for  such  examination.  No  commissioner  shall 
have  any  interest  whatever  in  any  machine  reported  upon.  Pro- 
vided, that  said  commissioner  shall  not  receive  -to  exceed  fif- 
teen hundred  dollars  and  reasonable  expenses  in  any  one  year ; 
and  all  sums  collected  for  such  examinations  over  and  above 
said  maximum  salaries  and  expenses  shall  be  turned  into  the 
state  treasury.  [28  G.  A.,  ch.  37,  §  4,] 

Sec.  1137-all.  Provisions  as  to  the  construction  of  machine 
approved.  A  voting  machine  approved  by  the  state  board  of 
voting  machine  commissioners  must  be  so  constructed  as  to 
provide  facilities  for  voting  for  the  candidates  of  at  least  seven 
different  parties  or  organizations,  must  permit  a  voter  to  vote 
for  any  person  for  any  office  although  not  nominated  as  a  can- 
didate by  any  party  or  organization,  and  must  permit  voting  in 
absolute  secrecy.  It  must  also  be  so  constructed  as  to  pre- 
vent voting  for  more  than  one  person  for  the  same  office,  except 
where  the  voter  is  lawfully  entitled  to  vote  for  more  than  one 
person  for  that  office;  and  it  must  afford  him  an  opportunity 
to  vote  for  any  or  all  persons  for  that  office  as  he  is  by  law 
entitled  to  vote  for  and  no  more,  at  the  same  time  preventing 
his  voting  for  the  same  person  twice.  It  may  also  be  provided 
with  one  ballot  in  each  party  column  or  row  containing  only 
the  words  "presidential  electors,"  preceded  by  the  party  name, 
and  a  vote  for  such  ballot  shall  operate  as  a  vote  for  all  the 
candidates  of  such  party  for  presidential  electors.  Such  ma- 
chine shall  be  so  constructed  as  to  accurately  account  for  every 
vote  cast  upon  it.  [28  G.  A.,  ch.  37,  §  5.] 

Sec.  1137-al2.  Experimental  use.  The  board  of  supervis- 
ors of  any  county,  the  council  of  any  city  or  town,  may  provide 
for  the  experimental  use  at  an  election  in  one  or  more  districts, 
of  a  machine  which  it  might  lawfully  adopt,  without  a  formal 


100  PRIMARY  AND  GENERAL  ELECTION  LAWS 

adoption  thereof ;  and  its  use  at  such  election  shall  be  as  valid 
for  all  purposes  as  if  it  had  been  lawfully  adopted.  [28  G.  A., 
ch.  37,  §  6.] 

Sec.  1137-al3.  Duties  of  local  authorities.  The  local  author- 
ities adopting  a  voting  machine  shall,  as  soon  as  practicable 
thereafter,  provide  for  each  polling  place  one  or  more  voting 
machines  in  complete  working  order,  and  shall  thereafter  keep 
them  in  repair,  and  shall  have  the  custody  thereof  and  of  the 
furniture  and  equipment  of  the  polling  place  when  not  in  use  at 
an  election.  If  it  shall  be  impracticable  to  supply  each  and 
every  election  district  with  a  voting  machine  or  voting  ma- 
chines at  any  election  following  such  adoption,  as  many  may 
be  supplied  as  it  is  practicable  to  procure,  and  the  same  may 
be  used  in  such  election  district  or  districts  within  the  count 
city,  or  town  as  the  officers  adopting  the  same  may  direct. 
[28  G.  A.,  ch.  37,  §  7.] 

Sec.  1137-al5.  Ballots — form.  All  ballots  shall  be  printed 
in  black  ink  on  clear,  white  material,  of  such  size  as  will  fit  the 
ballot  frame,  and  in  plain,  clear  type  as  the  space  will  reason- 
ably permit.  The  party  name  for  each  political  party  repre- 
sented on  the  machine  shall  be  prefixed  to  the  list  of  candi- 
dates of  such  party.  The  order  of  the  list  of  candidates  of  the 
several  parties  or  organizations  shall  be  arranged  as  provided 
in  section  eleven  hundred  and  six  of  the  code,  except  that  the 
lists  may  be  arranged  in  horizontal  rows  or  vertical  columns. 
[28  G.  A.,  ch.  37,  §  9.] 

Sec.  1137-al6.  Sample  ballots.  The  officers  or  board  charged 
with  the  duty  of  providing  ballots  for  a^y  polling  place  shall 
provide  therefor  two  sample  ballots,  which  shall  be  arranged 
in  the  form  of  a  diagram  showing  the  entire  front  of  the  vot- 
ing machine  as  it  will  appear  after  the  official  ballots  are  ar- 
ranged for  voting  on  election  day.  Such  sample  ballots  shall 
be  open  to  public  inspection  at  such  polling  place  during  the 
day  of  election  and  the  day  next  preceding  election  day.  [28 
G.  A.,  ch.  37,  §  10.] 

Sec.  1137-al7.  Two  sets  of  ballots.  Two  sets  of  ballots 
shall  be  provided  for  each  polling  place  for  each  election  for  use 
in  the  voting  machine.  [28  G.  A.,  ch.  37,  §  11.] 

Sec.  1137-al8.  Delivery  of  ballots.  The  ballots  and  sta- 
tionery shall  be  delivered  to  the  election  board  of  each  election 


VOTING    MACHINES  101 

district  before  ten  o'clock  in  the  forenoon  of  the  day  next  pre- 
ceding the  election.     [28  G.  A.,  ch.  37,  §  12.] 

Sec.  1137-al9.  Duties  of  election  officers — independent  bal- 
lots. The  judges  of  election  and  clerks  of  each  district  shall 
meet  at  the  polling  place  therein,  at  least  three  quarters  of  an 
hour  before  the  time  set  for  the  opening  of  the  polls  at  each 
election,  and  shall  proceed  to  arrange  within  the  guard  rail 
the  furniture,  stationery,  and  voting  machines  for  the  conduct 
of  the  election.  The  judges  of  election  shall  then  and  there 
have  the  voting  machine,  ballots,  and  stationery  required  to  be 
delivered  to  them  for  such  election ;  and,  if  it  be  an  election  at 
which  registered  voters  only  can  vote,  the  registry  of  such 
electors  required  to  be  made  and  kept  therefor.  The  judges 
shall  thereupon  cause  at  least  two  instruction  cards  to  be 
posted  conspicuously  within  the  polling  place.  If  not  previously 
done,  they  shall  arrange  in  their  proper  place  on  the  voting 
machine,  the  ballots  containing  the  names  of  the  offices  to  be 
filled  at  such  election,  and  the  names  of  the  candidates  nomi- 
nated therefor.  If  not  previously  done,  the  machine  shall  be 
so  arranged  as  to  show  that  no  vote  has  been  cast,  and  the 
same  shall  not  be  thereafter  operated,  except  by  electors  in 
voting.  Before  the  polls  are  open  for  election,  each  judge 
shall  carefully  examine  every  machine  and  see  that  no  vote  has 
been  cast,  and  the  same  shall  be  subject  to  inspection  of  the 
election  officers.  Ballots  voted  for  any  person,  whose  name 
does  not  appear  on  the  machine  as  a  nominated  candidate  for 
office,  are  herein  referred  to  as  independent  ballots.  When 
two  or  more  persons  are  to  be  elected  to  the  same  office,  and 
the  machine  requires  that  all  independent  ballots  voted  for 
that  office  be  deposited  in  a  single  receptacle  or  device,  an 
elector  may  vote  in  or  by  such  receptacle  or  device  for  one  or 
more  persons  whose  names  do  not  appear  upon  the  machine 
with  or  without  the  names  of  one  or  more  persons  whose  names 
do  so  appear.  With  that  exception,  and  except  for  presidential 
electors,  no  independent  ballot  shall  be  voted  for  any  person 
for  any  office  whose  name  appears  on  the  machine  as  a  nomi- 
nated candidate  for  that  office;  any  independent  ballot  so 
voted  shall  not  be  counted.  An  independent  ballot  must  be 
cast  in  its  appropriate  place  on  the  machine,  or  it  shall  be 
void  and  not  counted.  [28  G.  A.,  ch.  37,  §  13.] 

Sec.  1137-a20.     Voting  machine  in  plain  view — guard  rail. 


102  PRIMARY  AND  GENERAL  ELECTION  LAWS 

The  exterior  of  the  voting  machine  and  every  part  of  the  poll- 
ing place  shall  be  in  plain  view  of  the  election  officers.  The 
voting  machine  shall  be  placed  at  least  three  feet  from  every 
wall  and  partition  of  the  polling  place,  and  at  least  three  feet 
from  the  guard  rail,  and  at  least  four  feet  from  the  clerk's 
table.  A  guard  rail  shall  be  constructed  at  least  three  feet 
from  the  machine,  with  openings  to  admit  electors  to  and  from 
the  machine.  [28  G.  A.,  ch.  37,  §  14.] 

Sec.  1137-a21.  Method  of  voting.  After  the  opening  of  the 
polls,  the  judges  shall  not  allow  any  voter  to  pass  within  the 
guard  rail  until  they  ascertain  that  he  is  duly  entitled  to  vote. 
Only  one  voter  at  a  time  shall  be  permitted  to  pass  within  the 
guard  rail  to  vote.  The  operating  of  the  voting  machine  by 
the  elector  while  voting  shall  be  secret  and  obscured  from  all 
other  persons  except  as  provided  by  this  chapter  in  cases  of 
voting  by  assisted  electors.  No  voter  shall  remain  within  the 
voting  machine  booth  longer  than  one  minute,  and  if  he  shall 
refuse  to  leave  it  after  the  lapse  of  one  minute,  he  shall  be 
removed  by  the  judges.  [28  G.  A.,  ch.  37,  §  15.] 

Sec.  1137-a22.  Additional  instructions.  In  case  any  elector 
after  entering  the  voting  machine  booth  shall  ask  for  further 
instructions  concerning  the  manner  of  voting,  two  judges  of 
opposite  political  parties  shall  give  such  instructions  to  him; 
but  no  judge  or  other  election  officer  or  person  assisting  an 
elector  shall  in  any  manner  request,  suggest,  or  seek  to  per- 
suade or  induce  any  such  elector  to  vote  any  particular  ticket, 
or  for  any  particular  candidate,  or  for  or  against  any  particular 
amendment,  question,  or  proposition.  After  receiving  such  in- 
structions, such  elector  shall  vote  as  in  the  case  of  an  unas- 
sisted voter.  [28  G.  A.,  ch.  37,  §  16.] 

Sec.  1137-a23.  Injury  to  the  machine.  No  voter,  or  other 
person,  shall  deface  or  injure  the  voting  machine  or  the  ballot 
thereon.  It  shall  be  the  duty  of  the  judges  to  enforce  the  pro- 
visions of  this  section.  During  the  entire  period  of  an  election, 
at  least  one  of  their  number,  designated  by  them  from  time  to 
time,  shall  be  stationed  beside  the  entrance  to  the  booth  and 
shall  see  that  it  is  properly  closed  after  a  voter  has  entered  it 
to  vote.  He  shall  also,  at  such  intervals  as  he  may  deem 
proper  or  necessary,  examine  the  face  of  the  machine  to  ascer- 
tain whether  it  has  been  defaced,  or  injured,  to  detect  the 
wrongdoer  and  to  repair  any  injury.  [28  G.  A.,  ch.  37,  §  17.] 


ABSENT   VOTERS    LAW  103 

Sec.  1137-a24.  Canvass  of  vote.  As  soon  as  the  polls  of  the 
election  are  closed,  the  judges  of  the  election  thereat  shall  im- 
mediately lock  the  voting  machine  against  voting  and  open 
the  counting  compartments  in  the  presence  of  all  persons  who 
may  be  lawfully  within  the  polling  place,  and  proceed  to  can- 
vass the  vote.  [28  G.  A.,  ch.  37,  §  18.] 

Sec.  1137-a25.  Judges  to  lock  machine.  The  judges  of  elec- 
tion shall,  as  soon  as  the  count  is  completed  and  fully  ascer- 
tained as  in  this  act  required,  lock  the  machine  against  voting, 
and  it  shall  so  remain  for  the  period  of  thirty  days.  Whenever 
independent  ballots  have  been  voted,  the  judges  shall  return 
all  of  such  ballots  properly  secured  in  a  sealed. package  as  pre- 
scribed by  section  eleven  hundred  forty-two  of  the  code.  [28 
G.  A.,  ch.  37,  §  19.] 

Sec.  1137-a26.  Written  statements  of  election.  After  the 
total  vote  for  each  candidate  has  been  ascertained,  and  before 
leaving  the  room  or  voting  place,  the  judges  shall  make  and 
sign  written  statements  of  election,  as  required  by  the  election 
laws  now  in  force,  except  that  such  statements  of  the  canvass 
need  not  contain  any  ballots  except  the  independent  ballots  as 
herein  provided.  [28  G.  A.,  ch.  37,  §  20.] 

Sec.  1137-a27.    What  statutes  apply — separate  ballots.  All 

of  the  provisions  of  the  election  law  now  in  force  and  not  incon- 
sistent with  the  provisions  of  this  act  shall  apply  with  full 
force  to  all  counties,  cities,  and  towns  adopting  the  use  of  vot- 
ing machines.  Nothing  in  this  act  shall  be  construed  as  pro- 
hibiting the  use  of  a  separate  ballot  for  constitutional  amend- 
ments and  other  public  measures.  [28  G.  A.,  ch.  37,  §  21.] 


DIVISION  XIV. 
ABSENT  VOTERS'  LAW. 

Section  1137-b.     Voters  absent  from  county  may  vote.  Any 

lualified  elector  of  the  state  of  Iowa,  having  duly  registered 
rhere  such  registration  is  required,  who  through  the  nature 
of  his  business,  is  absent  or  expects  in  the  course  of  said  busi- 
ness, to  be  absent  from  the  county  in  which  he  is  a  qualified 
elector  on  the  day  of  holding  any  general,  special,  primary, 
county,  city  or  town  election,  or  any  qualified  elector  of  the 
state  of  Iowa,  having  duly  registered  where  such  registration 


104  PRIMARY  AND  GENERAL  ELECTION  LAWS 

is  required,  who  through  illness  or  injury  resulting  in  physical 
disability  is  prevented  from  voting  in  person  on  the  day  of 
holding  any  such  election,  may  vote  at  any  such  election  as 
hereinafter  provided.  [37  G.  A.,  ch.  419,  §  3 ;  36  G.  A.,  ch. 
157,  §  1.] 

Sec.  1137-c.  Application  for  official  ballot.  Any  elector,  as 
defined  in  the  foregoing  section,  expecting  to  be  absent  from 
the  county  of  his  residence  on  the  day  of  any  such  election  or 
any  elector  physically  unable  to  go  to  the  polls  on  the  day  of 
such  election  may,  not  more  than  fifteen  nor  less  than  three 
days  prior  to  the  date  of  such  election,  make  application  to  the 
county  auditor  of  such  county,  or  the  clerk  of  the  city  or  town, 
as  the  case  may  be,  for  an  official  ballot  to  be  voted  at  such 
election.  [37  G.  A.,  ch.  419,  §  4;  36  G.  A.,  ch.  157,  §  2.] 

Sec.  1137-d.  Form  of  application.  Application  for  such  bal- 
lot shall  be  made  on  a  blank  to  be  furnished  by  the  county 
auditor  or  clerk  of  the  city  or  town,  as  the  case  may  be,  in 
which  the  applicant  is  an  elector,  and  shall  be  substantially  in 
the  following  form : 


APPLICATION  FOR  BALLOT  TO  BE  VOTED  AT  THE 

ELECTION  ON 

State  of ....)  sg 

County  of j 

I,  ,  do  solemnly  swear  that  I 

have  been  a  resident  of  the  state  of  Iowa  for  six  months,  of  the  county 

of for  sixty  days  and  of  the 

precinct  of ward  of  the  city  or 

town  of ten  days  next  preceding  this  election, 

and  that  I  am  a  duly  qualified  elector  entitled  to  vote  at  said  election. 

That  I  am and  because 

(Stating  business) 
of  the  nature  of  my  business  expect  to  be  absent  from  said  county  on 

,  the  date  of  said  election,  or  because  of  physical 

inability  to  attend  the  polls,  and  I  hereby  make  application  for  an  official 
ballot  or  ballots  to  be  voted  by  me  at  such  election,  and  that  I  will  return 
said  ballot  or  ballots  to  the  officer  issuing  same,  on  or  before  the  day 
of  said  election. 

Date 

Signed 

Residence,  (street  and  number) 

(City) P.  O.  Address 

Subscribed  and  sworn  to  before  me  this 

day  of ,  A.  D.  191 

(Penalty  clause  set  out  in  full.) 


ABSENT    VOTERS    LAW  105 

Provided  that  if  the  application  be  made  for  a  primary  elec- 
tion ballot,  such  application  shall  designate  the  name  of  the  po- 
litical party  with  which  the  applicant  is  affiliated.  [37  G.  A., 
ch.  419,  §  5;  36  G.  A.,  ch.  157,  §  3.] 

Sec.  1137-e.  Auditor  or  clerk  to  deliver  or  mail  ballot.  Upon 
receipt  of  such  application  and  not  more  than  ten  nor  less  than 
three  days  prior  to  such  election,  it  shall  be  the  duty  of  such 
auditor  or  clerk,  as  the  case  may  be,  to  mail,  postage  prepaid, 
an  official  ballot  or  ballots,  if  more  than  one  are  to  be  voted  at 
said  election,  or  such  officer  shall  deliver  said  ballot  or  ballots 
to  any  qualified  elector  applying  in  person  at  the  office  of  such 
auditor  or  clerk,  as  the  case  may  be,  and  subscribing  to  the 
foregoing  application,  not  more  than  ten  nor  less  than  one  secu- 
lar day  before  said  election.  [36  G.  A.,  ch.  157,  §  4] 

Sec.  1137-f.  Duty  of  auditor — form  of  affidavit.  It  shall 
be  the  duty  of  said  auditor  or  clerk,  as  the  case  may  be,  to 
fold  the  ballot  or  ballots  in  the  manner  specified  in  section 
eleven  hundred  sixteen  of  the  code  and  he  shall  inclose  such 
ballot  or  ballots  in  an  envelope  unsealed  to  be  furnished  by 
him,  which  envelope  shall  bear  upon  the  face  thereof  the  name, 
official  title  and  postoffice  address  of  such  auditor  or  clerk,  and 
upon  the  other  side  a  printed  affidavit  in  substantially  the  fol- 
lowing form: 

state  of I  ss. 

County   of 


I, ,  do  solemnly  swear 

that  the  following  matters  stated  in  this  affidavit  relating  to  my  qualifica- 
tions for  registration  and  voting  are  true;  residence  number 

street,  city,  village  or  township  of 

,  county,  Iowa. 

Age years.    Nativity Color 

Term  of  residence  in  precinct 

Term  of  residence  in  county 

Term  of  residence  in  state 

Naturalized Date  of  naturalization  papers 

Court  in  which  naturalized ;  whether  by  act  of  con- 
gress     Whether  qualified  voter ; 

date  of  application Last  preceding  place  of  resi- 
dence  ,    number : ; 

street,  city,  village  or  township,  '. ; : , 

county,  Iowa.    That  I  am  engaged  in  the  business  or  work  of 

;  that  I  will  be  absent  from  the  county  of  my  resi- 
dence or  that  my  physical  condition  is  such  to  prevent  my  attending'  the 


106  PRIMARY  AND  GENERAL  ELECTION  LAWS 

polls  on  the  day  of  election,  and  that  I  have  marked  the  enclosed  ballot 
In  secret. 

Signed 

Subscribed  and  sworn  to  before  me  this day  of 

,  A.  D ,  and  I  hereby  certify 

that  the  affiant  exhibited  the  enclosed  ballot  to  me  unmarked;  that  he 
then  in  my  presence  and  in  the  presence  of  no  other  person,  and  in  such 
manner  that  I  could  not  see  his  vote,  marked  such  ballot  and  inclosed 
and  sealed  the  same  in  this  envelope;  that  the  affiant  was  not  solicited 
or  advised  by  me  for  or  against  any  candidate  or  measure. 


Provided  that  if  the  ballot  inclosed  is  to  be  voted  at  a  pri- 
mary election,  the  affidavit  shall  designate  the  name  of  the  po- 
litical party  with  which  the  voter  is  affiliated.  [37  G.  A.,  ch. 
419,  §1;36G.  A.,ch.  157,  §5.] 

Sec.  1137-g.  Affidavit — marking  ballot — ballot  deposited  in 
envelope — mailing  or  delivering  envelope.  Such  absent  or  dis- 
abled voter  shall  make  and  subscribe  to  the  said  affidavit  before 
an  officer  authorized  by  law  to  administer  oaths  and  such 
voter  shall  thereupon  in  the  presence  of  such  officer  and  of  no 
other  person,  mark  such  ballot  or  ballots,  but  in  such  manner 
that  such  officer  cannot  know  how  such  ballot  is  marked,  and 
such  ballot  or  ballots  shall  then  in  the  presence  of  such  officer 
be  folded  by  such  voter  so  that  each  ballot  will  be  separate  and 
so  as  to  conceal  the  marking  and  be  in  the  presence  of  such 
officer  deposited  in  such  envelope  and  the  envelope  securely 
sealed.  Said  envelope  shall  be  mailed  by  such  voter,  by  regis- 
tered mail,  postage  prepaid,  to  the  officer  issuing  the  ballot,  or 
if  more  convenient  it  may  be  delivered  in  person.  [37  G.  A.,  ch. 
419,  §6;  36  G.  A.,  ch.  157,  §6.] 

Sec.  1137-h.  Custody  of  ballot  by  auditor  or  clerk.  Upon 
receipt  of  such  absent  voter's  ballot,  the  auditor  or  clerk,  as  the 
case  may  be,  shall  forthwith  inclose  the  same,  unopened,  to- 
gether with  the  application  made  by  said  absent  voter,  in  a 
larger  or  carrier  envelope  which  shall  be  securely  sealed  and 
indorsed  with  the  name  and  official  title  of  such  auditor  or 
clerk,  and  the  words,  "this  envelope  contains  an  absent  voter's 
ballot,  or  disabled  voter's  ballot,  (as  the  case  may  be)  and  must 
be  opened  only  at  the  polls  on  election  day  while  said  polls  are 
open,"  and  such  auditor  or  clerk  shall  thereafter  safely  keep 
the  same  in  his  office  until  delivered  by  him  as  provided  in  the 
next  section.  [37  G.  A.,  ch.  419,  §  7 ;  36  G.  A.,  ch.  157,  §  7.] 


ABSENT    VOTERS    LAW  107 

Sec.  1137-i.     Envelopes — delivery  to  judges  of  election.    In 

case  an  absent  or  disabled  voter's  ballot  is  received  by  the 
auditor  or  clerk,  as  the  case  may  be,  prior  to  the  delivery  of 
the  official  ballots  to  the  judges  of  election  of  the  precinct  in 
which  said  elector  resides,  such  ballot  envelope  and  applica- 
tion, sealed  in  the  carrier  envelope,  shall  be  inclosed  in  such 
package  and  therewith  delivered  to  the  judges  of  such  precinct. 
In  case  the  official  ballots  for  such  precinct  have  been  deliv- 
ered to  the  judges  of  election  at  the  time  of  the  receipt  by  the 
auditor  or  clerk  of  such  absent  or  disabled  voter's  ballot,  such 
official  shall  immediately  inclose  said  envelope  containing  the 
absent  or  disabled  voter's  ballot,  together  with  his  application 
therefor,  in  a  larger  or  carrier  envelope  which  shall  be  securely 
sealed  and  indorsed  on  the  face  to  the  judges  of  election,  giv- 
ing the  name  or  number  of  precinct,  street  and  number  of  the 
polling  place,  city  or  town  in  which  such  absent  or  disabled 
voter  is  a  qualified  elector  and  the  words  "this  envelope  con- 
tains an  absent  voter's  ballot,  or  disabled  voter's  ballot,  (as 
the  case  may  be)  and  must  be  opened  only  on  election  day  at 
the  polls  while  the  polls  are  open",  mailing  the  same,  postage 
prepaid,  to  such  judges  of  election  or,  if  more  convenient,  such 
auditor  or  clerk  may  deliver  such  absent  or  disabled  voter's 
ballot  to  the  judges  of  election  in  person  or  by  duly  deputized 
agent,  said  auditor,  clerk  or  agent  to  secure  his  receipt  for  de- 
livery of  such  ballot  or  ballots.  Provided,  however,  that  such 
delivery  of  ballots  by  person  is  to  be  made  without  expense  to 
the  county,  city  or  town,  as  the  case  may  be.  [37  G.  A.,  ch. 
419,  §8;36G.  A.,  ch.  157,  §  8.] 

Sec.  1137-j.  Opening  envelope — depositing  ballot — reject- 
ing ballot.  At  any  time  between  the  opening  and  closing  of  the 
polls  on  such  election  day  the  judges  of  election  of  said  pre- 
cinct shall  open  the  outer  or  carrier  envelope  only,  announce 
the  absent  or  disabled  voter's  name  and  compare  the  signature 
upon  the  application  with  the  signature  upon  the  affidavit  on 
the  ballot  envelope.  In  case  the  judges  find  the  affidavits  exe- 
cuted; that  the  signatures  correspond;  the  applicant  a  duly 
qualified  elector  of  the  precinct  and  that  the  applicant  has  not 
voted  in  person  at  said  election,  they  shall  open  the  envelope 
containing  the  absent  or  disabled  voter's  ballot  in  such  manner 
as  not  to  deface  or  destroy  the  affidavit  thereon  and  take  out 
the  ballot  or  ballots  therein  contained  without  unfolding  or 


108  PRIMARY  AND  GENERAL  ELECTION  LAWS 

permitting  the  same  to  be  unfolded  or  examined  and  having 
indorsed  the  ballot  in  like  manner  as  other  ballots  are  required 
to  be  indorsed,  deposit  the  same  in  the  proper  ballot  box  or 
boxes  and  enter  the  absent  or  disabled  voter's  name  in  the 
poll  book,  the  same  as  if  he  had  been  present  and  voted  in  per- 
son. In  case  such  affidavit  is  found  to  be  insufficient,  or  that 
the  signatures  do  not  correspond,  or  that  the  applicant  is  not 
a  duly  qualified  elector  in  such  precinct,  or  that  the  ballot  en- 
velope is  open,  or  has  been  opened  and  resealed,  or  that  the  bal- 
lot envelope  contains  more  than  one  ballot  of  any  one  kind,  such 
vote  shall  not  be  accepted  or  counted.  Every  ballot  not  counted 
shall  be  indorsed  on  the  back  thereof  "rejected  (giving  rea- 
son therefor)".  All  rejected  ballots  shall  be  inclosed  and  se- 
curely sealed  in  an  envelope  on  which  the  judges  shall  indorse 
"defective  ballots"  with  a  statement  of  the  precinct  in  which 
and  the  date  of  the  election  at  which  they  were  cast,  signed  by 
the  judges  and  returned  to  the  same  officer  and  in  the  same 
manner  as  by  law  provided  for  the  return  and  preservation  of 
official  ballots  voted  at  such  election. 

The  affidavit  upon  the  ballot  envelope  shall  constitute  a  suf- 
ficient registration  of  the  voter  in  precincts  where  registra- 
tion is  required  and  shall  be  treated  like  and  have  the  same 
force  and  effect  as  a  certificate  issued  by  the  registers  of  elec- 
tion on  election  day  in  all  cases  where  the  voter  is  not  already 
registered  and  where  his  name  does  not  appear  upon  the  alpha- 
betical lists,  and  if  the  ballot  be  deposited  and  the  absent  or 
disabled  voter's  name  be  entered  on  the  poll  books  as  herein 
provided,  the  judges  of  election  shall  enter  the  absent  or  dis- 
abled voter's  name  on  the  alphabetical  lists  with  the  same 
data  as  is  entered  when  a  certificate  of  registration  is  filed 
and  the  ballot  envelope  having  the  absent  or  disabled  voter's 
affidavit  thereon-  shall  be  preserved  and  returned  with  the 
certificates  of  registration,  poll  book  and  alphabetical  lists  to 
the  city  clerk  who  shall  preserve  the  same,  and  it  shall  be  used 
by  the  registers  of  election,  in  precincts  where  registration  is 
required  in  making  up  the  new  registry  lists  from  the  poll 
books,  and  such  affidavit  shall  serve  as  the  registration  record 
of  the  voter  for  the  new  registry  books  and  lists.  If  the  ballot 
is  rejected  and  the  vote  of  the  absent  or  disabled  voter  not 
accepted  or  counted  as  provided  herein  said  ballot  envelope 
with  the  affidavit  of  the  absent  or  disabled  voter  indorsed 
thereon  shall  be  returned  with  said  rejected  ballot  in  the  en- 


ABSENT    VOTERS    LAW  109 

velope  indorsed  "defective  ballots".    [37  G.  A.,  ch.  419,  §  2;  36 
G.  A.,  ch.  157,  §  9.] 

Sec.  1137-k.  Challenges.  The  vote  of  any  absent  or  dis- 
abled voter  may  be  challenged  for  cause  and  the  judges  of  elec- 
tion shall  have  all  the  power  and  authority  given  by  law  to 
hear  and  determine  the  legality  of  such  ballot.  [37  G.  A.,  ch. 
419,  §  9 ;  36  G.  A.,  ch.  157,  §  10.] 

Sec.  1137-1.  Ballot  of  deceased  voter.  Whenever  it  shall  be 
made  to  appear  by  due  proof  to  the  judges  of  election  that  any 
elector,  who  has  marked  and  forwarded  his  ballot  as  provided 
in  this  act,  has  died,  then  the  ballot  of  such  deceased  voter 
shall  be  returned  by  the  judges  of  election  with  the  unused  bal- 
Ipts  to  the  official  issuing  it,  however  the  casting  of  the  ballot 
of  a  deceased  voter  shall  not  invalidate  the  election.  [36  G.  A., 
ch.  157,  §  11.] 

Sec.  1137-m.  Laws  made  applicable.  All  the  provisions  of 
the  election  laws  now  in  force  and  not  inconsistent  with  the 
provisions  of  this  act,  shall  apply  with  full  force  and  effect  to 
all  counties,  cities  and  towns  in  which  voting  machines  are 
used,  relative  to  the  furnishing  of  ballot  boxes;  the  printing 
and  furnishing  of  official  ballots  in  such  number  as  the  auditor 
or  clerk,  as  the  case  may  be,  may  deem  necessary;  the  can- 
vassing of  the  ballots  and  making  the  proper  return  of  the 
result  of  the  election.  [36  G.  A.,  ch.  157,  §  12.] 

Sec.  1137-n.  Penalty  clause.  If  any  person  shall  wilfully 
swear  falsely  to  any  such  affidavit,  he  shall,  upon  conviction 
thereof,  be  guilty  of  perjury  and  shall  be  punished  as  in  such 
cases  by  law  provided.  If  any  person  who,  having  procured  an 
official  ballot  or  ballots  as  heretofore  provided,  shall  wilfully 
neglect  or  refuse  to  cast  or  return  same  in  the  manner  hereto- 
fore provided,  or  shall  wilfully  violate  any  provision  of  this 
act,  he  shall  be  guilty  of  a  misdemeanor  and  shall  be  fined  not 
to  exceed  one  hundred  dollars,  or  imprisoned  in  the  county  jail 
not  to  exceed  thirty  days.  If  any  county  auditor,  city  or  town 
clerk  or  any  election  officer,  shall  refuse  or  neglect  to  perform 
any  of  the  duties  prescribed  by  this  act,  or  shall  violate  any  of 
the  provisions  thereof,  he  shall  upon  conviction  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand  dol- 
"  lars,  or  imprisoned  in  the  county  jail  not  to  exceed  ninety  days. 
[36  G.  A.,  ch.  157.,  §  13.] 


110  PRIMARY  AND  GENERAL  ELECTION  LAWS 

Sec.  1137-c.  Construction  of  statute.  This  act  shall  be 
deemed  to  provide  a  method  of  voting  in  addition  to  the  method 
now  provided  by  statute,  and,  to  such  extent,  as  amendatory  of 
existing  statutes  relating  to  the  manner  and  method  of  voting. 
[36  G.  A.,  ch.  157,  §  14] 


DIVISION  XV. 
PRESIDENTIAL  ELECTORS. 

Section  1173.  Election — canvass — women  entitled  to  vote.  At 

the  general  election  in  the  years  of  the  presidential  election, 
or  at  such  other  times  as  the  congress  of  the  United  States 
may  direct,  there  shall  be  elected  by  the  electors  of  the  state, 
one  person  from  each  congressional  district  into  which  the 
state  is  divided,  as  elector  of  president  and  vice  president,  and 
two  from  the  state  at  large,  no  one  of  whom  shall  be  a  person 
holding  the  office  of  senator  or  representative  in  congress,  or 
any  office  of  trust  or  profit  under  the  United  States.  Each 
elector  of  each  congressional  district  and  each  elector  at  large 
nominated  by  any  party  or  group  of  petitioners  shall  receive 
the  combined  vote  of  the  electors  of  the  state  for  the  candi- 
dates for  president  and  vice  president  of  such  party  or  group 
of1  petitioners,  and  a  vote  cast  for  the  candidates  for  president 
and  vice  president  of  the  United  States  shall  be  the  votes  of 
the  voter  for  the  electors  of  the  respective  party  or  group  of 
petitioners.  The  canvass  of  the  votes  for  candidates  for  presi- 
dent and  vice  president  of  the  United  States  and  the  returns 
thereof  shall  be  a  canvass  and  return  of  the  votes  cast  for  the 
electors  of  the  same  party  or  group  of  petitioners  respectively, 
and  the  certificate  of  such  election  made  by  the  governor  shall 
be  in  accord  with  such  return.  Provided,  however,  that  the 
right  to  vote  for  presidential  electors  shall  not  be  denied  or 
abridged  on  account  of  sex,  and  that  every  woman  who  has  at- 
tained the  age  of  twenty-one  (21)  years  and  who  possesses  all 
other  qualifications  requisite  to  a  male  voter,  shall  be  entitled 
to  vote,  the  same  as  men,  at  any  election  held  for  the  purpose 
of  electing  presidential  electors.  [38  G.  A.,  ch.  353,  §  1 ;  38 
G.  A.,  ch.  86,  §  6 ;  28  G.  A.,  ch.  38,  §  1 ;  16  G.  A.,  ch.  23 ;  C.  '73, 
§§  659,  660;  R.,  §§  535-6;  C.  '51,  §§  301-2.] 


"  in  enrolled  bill. 


STATEMENT    OF    EXPENSES  111 

Sec.  1168.  Certificate  to  electors.  The  governor,  at  the  ex- 
piration of  ten  days  from  the  completed  canvass,  shall  issue  to 
each  presidential  elector  declared  elected  a  certificate  of  his 
election,  under  his  hand  and  the  seal  of  state,  the  same,  in  sub- 
stance, as  required  in  other  cases,  and  shall  notify  him  to  at- 
tend at  the  seat  of  government  at  noon  on  the  second  Monday 
in  January  following  his  election,  reporting  his  attendance  to 
him.  If  there  be  a  contest  of  the  election,  no  certificate  shall 
issue  until  it  is  determined.  [22  G.  A.,  ch.  50 ;  C.  73,  §  665 ; 
R.,  §542;  C. '51,  §308.] 

Sec.  1174.    Meeting— certificate.    The  presidential  electors 
shall  meet  in  the  capitol,  at  the  seat  of  government,  at  noon 
of  the  second  Monday  in  January  after  their  election,  or  s 
soon  thereafter  as  practicable.    If,  at  the  time  of  such  meeting 
any  elector  for  any  cause  is  absent,  those  present  shall  at  once 
proceed  to  elect,  from  the  citizens  of  the  state,  a  substitute 
elector  or  electors,  and  certify  the  choice  so  made  to  the  gov- 
ernor, and  he  shall  immediately  cause  the  person  or  persons  so 
selected  to  be  notified  thereof.     [22  G.  A.,  ch.  50;  C.  73, 
§§  665-7;  R.,  §§  542-4;  C.  '51,  §§  308-10.] 

Sec.  1175.  Certificate  of  governor.  When  so  met,  the  said 
electors  shall  proceed,  in  the  manner  pointed  out  by  law,  with 
the  election  and  the  governor  shall  duly  certify  the  result 
thereof,  under  the  seal  of  the  state,  to  the  United  States  secre- 
tary of  state,  and  as  required  by  act  of  congress  relating  to 
such  elections.  [22  G.  A.,  ch.  50;  C.  73,  §  668;  R.,  §  545;  C. 
'51,  §  311.] 

Sec.  1176.  Compensation.  The  electors  shall  each  receive 
a  compensation  of  five  dollars  for  every  day's  attendance,  and 
the  same  mileage  as  members  of  the  general  assembly.  [C. 
73,  §  669;  R.,  §  546;  C.  '51,  §  312.] 


DIVISION  XVI. 
STATEMENT  OF  EXPENSES. 

Section  1137-al.  Candidates  to  make  sworn  statement  of 
election  expenses — where  filed.  Every  candidate  for  any  office 
to  be  voted  for  at  any  primary,  municipal  or  general  election 
shall,  within  ten  days  after  the  holding  of  such  primary,  mu- 
nicipal or  general  election,  file  a  true,  correct,  detailed,  sworn 


112  PRIMARY  AND  GENERAL  ELECTION  LAWS 

statement  showing  each  and  all  sums  of  money  or  other  things 
of  value  disbursed,  expended  or  promised  directly  or  indirectly 
by  him,  and  to  the  best  of  his  knowledge  and  belief  by  any 
other  person  or  persons  in  his  behalf  for  the  purpose  of  aiding 
or  securing  his  nomination  or  election.  If  the  person  be  a  can- 
didate for  a  municipal  or  a  county  office,  such  statement  shall 
be  filed  with  the  county  auditor;  if  for  a  state  office,  or  any 
o.ther  office  to  be  voted  for  by  the  electors  of  more  than  one 
county,  such  statement  shall  be  filed  with  the  secretary  of 
state.  Such  statement  shall  show  the  dates,  amounts,  and 
from  whom  such  sums  of  money  or  other  things  of  value  were 
received,  and  the  dates,  amounts,  purposes  and  to  whom  paid 
or  disbursed,  and  shall  include  the  assessment  of  any  person, 
committee,  or  organization  in  charge  of  the  campaign  of  such 
candidate.  [32  G.  A.,  ch.  50,  §  2.] 

Sec.  1137-a2.  Testimony — immunity  from  prosecution.  In 
prosecutions  under  this  act,  no  witness  shall  be  excused  from 
giving  testimony  on  the  ground  that  his  testimony  would  tend 
to  render  him  criminally  liable  or  expose  him  to  public  igno- 
miny, but  any  matter  so  elicited  shall  not  be  used  against  him, 
and  said  witness  shall  not  be  prosecuted  for  any  crime  con- 
nected with  or  growing  out  of  the  act  on  which  the  prosecution 
is  based  in  the  cause  in  which  his  evidence  is  used  for  the  state, 
under  the  provisions  of  this  section.  [32  G.  A.,  ch.  50,  §  3.] 

Sec.  1137-a3.     Statements   by   committee   chairman.     The 

chairman  of  each  party  central  committee  for  the  state,  dis- 
trict or  county,  shall  file  a  statement  of  receipts  and  expendi- 
tures within  ten  days  after  the  general  election.  The  chairman 
of  state  and  district  central  committees  shall  file  said  state- 
ments with  the  secretary  of  state ;  and  the  chairman  of  county 
central  committees,  with  the  county  auditor.  Such  statements 
shall  contain  all  the  information  required  to  be  filed  by  candi- 
dates as  set  forth  in  section  two  of  this  act,  and  in  addition 
thereto  shall  state  the  amounts  or  balances  remaining  on  hand. 
The  person  filing  the  same  shall  make  oath  that  it  is  a  full,  true 
and  correct  statement.  [32  G.  A.,  ch.  50,  §  4.] 

Sec.  1137-a4.     Statements  open  to  public  inspection.    The 

statements  provided  for  in  this  act  shall  be  open  at  all  times 
to  the  inspection  of  the  public,  and  remain  on  file  and  become 
a  part  of  the  permanent  records  in  the  office  where  filed.  [32 
G.  A.,  ch.  50,  §  5,]  -  .  .  .... 


CONTESTING   ELECTIONS  113 

Sec.  1137-a5.  Treating  near  the  polls — duty  of  judges  and 
clerks.  It  shall  be  the  duty  of  the  judges  and  clerks  of  all  mu- 
nicipal, general  and  primary  elections  to  prohibit  the  placing, 
keeping,  and  giving  to  the  voters  by  any  person  of  any  cigars, 
food  or  other  refreshments  or  treats,  in  or  about  the  polling 
place.  [32  G.  A.,  ch.  50,  §  6.] 

Sec.  1137-a6.  Penalty.  Any  person  violating  any  of  the 
provisions  of  the  last  five  preceding  sections  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than 
three  hundred  dollars,  or  by  imprisonment  in  the  county  jail 
not  less  than  thirty  days  nor  more  than  six  months.  [32  G.  A., 
ch.  50,  §  7.] 


DIVISION  XVII. 
CONTESTING  ELECTIONS:  GENERAL  PROVISIONS. 

Section  1198.  Grounds  of  contest.  The  election  of  any 
person  to  any  county  office,  or  to  a  seat  in  either  branch  of 
the  general  assembly,  may  be  contested  by  any  person  eligible 
to  such  office;  and  the  election  of  any  person  to  a  state  office, 
or  to  the  office  of  presidential  elector,  by  any  eligible  person 
who  received  votes  for  the  same  office,  and  the  grounds  there- 
for shall  be  as  follows : 

»  1.  Misconduct,  fraud  or  corruption  on  the  part  of  judges  of 
election  in  any  precinct,  or  of  any  board  of  canvassers,  or  any 
member  of  either  board,  sufficient  to  change  the  result. 

2.  That  the  incumbent  was  not  eligible  to  the  office  at  the 
time  of  election. 

3.  That  the  incumbent  has  been  duly  convicted  of  an  infa- 
mous crime  before  the  election,  and  the  judgment  has  not  been 
reversed,  annulled  or  set  aside,  nor  the  incumbent  pardoned,  at 
the  time  of  election. 

4.  That  the  incumbent  has  given  or  offered  to  any  elector,  or 
any  judge,  clerk  or  canvasser  of  the  election,  any  bribe  or 
reward  in  money,  property  or  thing  of  value,  for  the  purpose 
of  procuring  his  election. 

5.  That  illegal  votes  have  been  received  or  legal  votes  re- 
jected at  the  polls,  sufficient  to  change  the  result. 


114  PRIMARY  AND  GENERAL  ELECTION  LAWS 

6.  Any  error  in  any  board  of  canvassers  in  counting  the 
votes,  or  in  declaring  the  result  of  the  election,  if  the  error 
would  affect  the  result. 

7.  Any  other  cause  which  shows  that  another  person  was 
the  person  duly  elected.     [22  G.  A.,  ch.  49,  §1 ;  C.  '73,  §§  692, 
718,  730,  737;  R.,  §§  569,  571,  598,  610,  617;  C.  '51,  §§  339,  341, 
368,  380,  387.] 

Sec.  1219.  Certificate  withheld.  If  notice  of  contesting  the 
election  of  an  officer  is  filed  before  the  certificate  of  election  is 
delivered  to  him,  it  shall  be  withheld  until  the  determination  of 
the  contest.  [C.  73,  §  713 ;  R.,  §  597 ;  C.  '51,  §  367.] 

Sec.  1199.  Incumbent.  The  term  "incumbent"  in  this  chap- 
ter means  the  person  whom  the  canvassers  declare  elected. 
[C.  '73,  §  693;  R.,  §  570;  C.  '51,  §  340.] 

Sec.  1200.  Change  the  result.  When  the  misconduct,  fraud 
or  corruption  complained  of  is  on  the  part  of  the  judges  of 
election  in  a  precinct,  it  shall  not  be  held  sufficient  to  set  aside 
the  election,  unless  the  rejection  of  the  vote  of  that  precinct 
would  change  the  result  as  to  that  office.  [C.  '73,  §  694;  R., 
§572;C.  '51,  §342.] 

Sec.  1143.  Recanvass  in  case  of  contest.  The  parties  to  any 
contested  election  shall  have  the  right,  in  open  session  of  the 
court  or  tribunal  trying  the  contest,  and  in  the  presence  of  the 
officer  having  them  in  custody,  to  have  the  ballots  opened,  and 
all  errors  of  the  judges  in  counting  or  refusing  to  count  ballots 
corrected  by  such  court  or  tribunal.  [33  G.  A.,  ch.  73,  §  1;  24 
G.  A.,  ch.  33,  §  25.] 

Sec.  1250.  Provisions  applicable.  All  the  provisions  of  this 
chapter  in  relation  to  contested  elections  of  county  officers  shall 
be  applicable,  as  near  as  may  be,  to  contested  elections  for 
other  offices,  except  as  herein  otherwise  provided,  and  in  all 
cases  process  and  papers  may  be  issued  to  and  served  by  the 
sheriff  of  any  county.  [22  G.  A.,  ch.  49,  §  6;  C.  '73,  §§  729, 
745;  R.,  §§  609,  626;  C.  '51,  §§  379,  396.] 


CONTESTING  ELECTIONS  115 

DIVISION  XVIII. 

CONTESTING  ELECTIONS  OF  GOVERNOR  AND  LIEU- 
TENANT  GOVERNOR. 

Section  1239.  Contest  as  to  governor  and  lieutenant  gov- 
ernor. The  contestant  for  the  office  of  governor  or  lieutenant 
governor  shall,  within  thirty  days  after  the  proclamation  of  the 
result  of  the  election,  deliver  to  the  presiding  officer  of  each 
house  of  the  general  assembly  a  notice  of  his  intent  to  contest, 
and  a  specification  of  the  grounds  of  such  contest,  as  before 
directed.  [C.  '73,  §  738;  R.,  §  618;  C.  '51,  §  388.] 

See  Const.,  Art.  IV,  §  5. 

Sec.  1240.  Notice  to  incumbent.  As  soon  as  the  presiding 
officers  have  received  the  notice  and  specifications,  they  shall 
make  out  a  notice,  directed  to  the  incumbent,  including  a  copy 
of  the  specifications,  which  shall  be  served  by  the  sergeant-at- 
arms.  [C.  '73,  §  739 ;  R.,  §  619 ;  C.  '51,  §  389.] 

Sec.  1241.  Houses  notified.  The  presiding  officers  shall 
also  immediately  make  known  to  their  respective  houses  that 
such  notice  and  specifications  have  been  received.  [C.  '73, 
§740;R.,  §620;C.  '51,  §390.] 

Sec.  1242.  Court — how  chosen.  Each  house  shall  forth- 
with proceed,  separately,  to  choose  seven  members  of  its  own 
body  in  the  following  manner: 

1.  The  names  of  members  of  each  house,  except  the  presid- 
ing officer,  written  on  similar  paper  tickets,  shall  be  placed  in 
a  box,  the  names  of  the  senators  in  their  presence  by  their  sec- 
retary, and  the  names  of  the  representatives  in  their  presence 
by  their  clerk. 

.  2.  The  secretary  of  the  senate  in  the  presence  of  the  senate, 
and  the  clerk  of  the  house  of  representatives  in  the  presence  of 
the  house,  shall  draw  from  their  respective  boxes  the  names  of 
seven  members  each. 

3.  As  soon  as  the  names  are  thus  drawn,  the  names  of  the 
members  drawn  by  each  house  shall  be  communicated  to  the 
other,  and  entered  on  the  journals  of  each  house.  [C.  '73, 
§741;R.,  §621;C. '51,  §391.] 

Sec.  1243.    Powers   and   proceedings   of  committee.     The 

members  thus  drawn  shall  constitute  a  committee  to  try  and 
determine  the  contested  election,  and  for  that  purpose  shall 


116  PRIMARY  AND  GENERAL  ELECTION  LAWS 

hold  their  meetings  publicly  at  the  place  where  the  general 
assembly  is  sitting,  at  such  times  as  they  may  designate ;  and 
may  adjourn  from  day  to  day  or  to  a  day  certain,  not  more 
than  four  days  distant,  until  such  trial  is  determined;  shall 
have  power  to  send  for  persons  and  papers,  and  to  take  all 
necessary  means  to  procure  testimony,  extending  like  privi- 
leges to  the  contestant  and  the  incumbent;  and  shall  report 
their  judgment  to  both  branches  of  the  general  assembly, 
which  report  shall  be  entered  on  the  journals  of  both  houses. 
[C.  73,  §  742;  R.,  §  622;  C.  '51,  §  392.] 

Sec.  1244.  Testimony.  The  testimony  shall  be  confined  to 
the  matters  contained  in  the  specifications.  [C.  '73,  §  743 ;  R., 
§  623  ;C.  '51,  §393.] 

Sec.  1245.  Judgment.  The  judgment  of  the  committee  pro- 
nounced in  the  final  decision  on  the  election  shall  be  conclusive. 
[C.  73,  §  744;  R.,  §  624;  C.  '51,  §  394.] 


DIVISION  XIX. 

CONTESTING    ELECTIONS    FOR   SEATS    IN    GENERAL 

ASSEMBLY. 

Section  1233.    Contest  as  to  member  of  general  assembly. 

The  contestant  for  a  seat  in  either  branch  of  the  general  as- 
sembly shall,  within  thirty  days  after  the  incumbent  was  de- 
clared elected,  serve  on  the  incumbent  a  statement  as  required 
in  relation  to  county  officers,  except  the  list  of  illegal  votes, 
which  shall  be  served  with  the  notice  of  taking  depositions 
relative  to  them,  and  if  no  such  deposition  is  taken,  then  twenty 
days  before  the  first  day  of  the  next  session.  [C.  73,  §  731 ; 
R.,  §611;C.  '51,  §381.] 

Sec.  1234.  Subpoenas.  Any  judge  or  clerk  of  a  court  of 
record  may  issue  subpoenas  in  the  above  cases,  as  in  those 
before  provided,  and  compel  the  attendance  of  witnesses  there- 
under. [C.  73,  §  732  •  R.,  §  612 ;  C.  '51,  §  382.] 

Sec.  1235.  Depositions.  Depositions  may  be  taken  in  such 
cases  in  the  same  manner  and  under  the  same  rules  as  in  an 
action  at  law  in  the  district  court,  but  no  cause  for  taking  the 
same  need  be  shown.  [C.  73,  §  733  ;-R.,  §  613;  C.  '51,  §  383.] 

Sec.  1236.  Return  of  depositions.  A  copy  of  the  statement, 
and  of  the  notice  for  taking  depositions,  with  the  service 


CONTESTING    ELECTIONS  117 

indorsed,  and  verified  by  affidavit  if  not  served  by  an  officer, 
shall  be  returned  to  the  officer  taking  the  depositions,  and  then, 
with  the  depositions,  shall  be  sealed  up  and  transmitted  to  the 
secretary  of  state,  with  an  indorsement  thereon  showing  the 
nature  of  the  papers,  the  names  of  the  contesting  parties,  and 
the  branch  of  the  general  assembly  before  whom  the  contest 
is  to  be  tried.  [C.  73,  §  734;  R.,  §  614;  C.  '51,  §  384.] 

Sec.  1237.  Statement  and  depositions — notice.  The  secre- 
tary shall  deliver  the  same  unopened  to  the  presiding  officer  of 
the  house  in  which  the  contest  is  to  be  tried,  on  or  before  the 
second  day  of  the  session,  regular  or  special,  of  the  general 
assembly  next  after  taking  the  depositions,  and  the  presiding 
officer  shall  immediately  give  notice  to  his  house  that  such 
papers  are  in  his  possession.  [C.  73,  §  735;  R.,  §  615;  C.  '51, 
§  385.] 

Sec.  1238.  Power  of  general  assembly.  Nothing  herein  con- 
tained shall  be  construed  to  abridge  the  right  of  either  branch 
of  the  general  assembly  to  grant  commissions  to  take  deposi- 
tions, or  to  send  for  and  examine  any  witness  it  may  desire  to 
hear  on  such  trial.  [C.  73,  §  736 ;  R.,  §  616 ;  C.  '51,  §  386.] 


DIVISION  XX. 

CONTESTING  ELECTIONS  OF  PRESIDENTIAL  ELECTOR. 
Section  1246.     Contest   as   to    presidential    electors.     The 

court  for  the  trial  of  contested  elections  for  presidential  elec- 
tors shall  consist  of  the  chief  justice  of  the  supreme  court,  who 
shall  be  presiding  judge  of  the  court,  and  four  judges  of  the 
district  court  not  interested,  to  be  selected  by  the  supreme 
court,  two  of  whom,  with  the  chief  justice,  shall  constitute  a 
quorum  for  the  transaction  of  the  business  of  the  court.  If 
the  chief  justice  should  for  any  cause  be  unable  to  attend  at 
the  trial,  the  judge  longest  on  the  supreme  court  bench  shall 
preside  in  place  of  the  chief  justice;  and  any  question  arising 
as  to  the  membership  of  the  court  shall  be  determined  by  the 
members  of  the  court  not  interested  in  the  question.  The  sec- 
retary of  state  shall  be  the  clerk  of  the  court,  or,  in  his  ab- 
sence or  inability  to  act,  the  clerk  of  the  supreme  court.  Each 
member  of  the  court,  before  entering  upon  the  discharge  of  his 
duties,  shall  take  an  oath  before  the  secretary  of 'state,  or  some 
officer  qualified  to  administer  oaths,  that  he  will  support  the 


118  PRIMARY  AND  GENERAL  ELECTION  LAWS 

constitution  of  the  United  States  and  that  of  the  state  of  Iowa, 
and  that,  without  fear,  favor,  affection,  or  hope  of  reward,  he 
will,  to  the  best  of  his  knowledge  and  ability,  administer  jus- 
tice according  to  law  and  the  facts  in  the  case.  [22  G.  A.,  ch. 
49,  §2.] 

Sec.  1247.  Statement.  The  contestant  shall  file  the  state- 
ment provided  for  in  this  chapter  in  the  office  of  the  secretary 
of  the  state,  within  ten  days  from  the  day  on  which  the  rer 
turns  are  canvassed  by  the  state  board  of  canvassers,  and, 
within  the  same  time,  serve  a  copy  of  the  same,  with  a  notice 
of  the  contest,  on  the  incumbent.  [22  G.  A.,  ch.  49,  §  3.] 

Sec.  1248.  Trial.  The  clerk  of  the  court  shall,  immediately 
after  the  filing  of  the  statement,  notify  the  judges  herein 
named,  and  fix  a  day  for  the  organization  of  the  court  within 
three  days  thereafter,  and  also  notify  the  parties  to  the  con- 
test. The  judges  shall  meet  on  the  day  fixed,  and  organize 
the  court,  and  make  and  announce  such  rules  for  the  trial  of 
the  case  as  they  shall  think  necessary  for  the  protection  of 
the  rights  of  each  party  and  a  just  and  speedy  trial  of  the  case, 
and  commence  the  trial  of  the  case  as  early  as  practicable 
thereafter,  and  so  arrange  for  and  conduct  the  trial  that  a 
final  determination  of  the  same  and  judgment  shall  be  ren- 
dered at  least  six  days  before  the  second  Monday  in  January 
next  following.  [22  G.  A.,  ch.  49,  §  4.] 

Sec.  1249.  Judgment.  The  judgment  of  the  court  shall  de- 
termine which  of  the  parties  to  the  action  is  entitled  to  hold 
the  office  of  presidential  elector,  and  shall  be  authenticated  by 
the  presiding  judge  and  clerk  of  the  court  and  filed  with  the 
secretary  of  state;  and  the  judgment  so  rendered  shall  consti- 
tute a  final  determination  of  the  title  to  the  office,  and  a  certifi- 
cate of  appointment  shall  be  issued  to  the  successful  party  as 
an  elector.  [22  G.  A.,  ch.  49,  §  5.] 


DIVISION  XXL 
CONTESTING  ELECTIONS  OF  STATE  OFFICERS. 

Section  1224.  State  court  of  contest.  The  court  for  the 
trial  of  contested  state  elections,  except  of  governor  and  lieu- 
tenant governor,  shall  consist  of  three  judges,  not  interested, 
of  the  supreme  court  or  district  court,  or  any  of  them,  as  may 
be  convenient.  [C.  '73,  §  719 ;  R.,  §  599 ;  C.  '51,  §  369.] 


CONTESTING  ELECTIONS  119 

Sec.  1225.  Clerk.  The  secretary  of  state  shall  be  the  clerk 
of  this  court ;  but  if  the  person  holding  that  office  is  a  party  to 
the  contest,  the  clerk  of  the  supreme  court,  or,  in  case  of  his 
absence  or  inability,  the  auditor  of  state,  shall  be  clerk.  [C. 
73,  §720;  R.,  §  600;  C.  '51,  §  370.] 

Sec.  1226.  Statement  filed.  The  statement  must  be  filed 
with  such  clerk  within  thirty  days  from  the  day  when  incum- 
bent was  declared  elected.  [C.  73,  §  721;  R.,  §  601;  C.  '51, 
§  371.] 

Sec.  1227.  Time  of  trial — notice.  The  clerk  shall,  as  soon 
as  practicable,  ascertain  which  three  of  the  judges  residing 
nearest  the  seat  of  government  can  attend  the  trial,  fix  a  time 
therefor,  and  notify  the  judges,  and  cause  a  copy  of  the  state- 
ment and  a  notice  of  the  time  fixed  for  trial  to  be  served  upon 
the  incumbent,  and  a  notice  of  the  time  to  be  served  upon  the 
contestant,  at  least  twenty  days  before  the  day  of  trial,  and 
returns  thereof  to  be  made  to  him ;  when  convenient,  the  serv- 
ice of  the  above  papers  may  be  made  by  the  clerk  of  this  court. 
The  time  for  the  trial  shall  not  be  set  beyond  the  last  Monday 
of  January  following  the  election.  [C.  73,  §  722;  R.,  §  601; 
C.  '51,  §§  371-2.] 

Sec.  1229.  Place  of  trial.  The  trial  shall  take  place  at  the 
seat  of  government,  unless  some  other  place  be  substituted  by 
consent  qf  the  court  and  both  parties.  [C.  73,  §  725 ;  R.,  §  605 ; 
C.  '51,  §  375.] 

Sec.  1228.  Subpoenas — depositions.  The  secretary  of  state, 
the  several  clerks  of  the  supreme  and  district  courts,  under 
their  respective  seals  of  office,  and  either  of  the  judges  of  the 
supreme  or  district  courts,  under  their  hands,  may  issue  sub- 
poenas for  witnesses  to  attend  this  court;  and  disobedience 
to  such  process  may  be  treated  as  a  contempt.  Depositions 
may  also  be  taken  as  in  the  case  of  contested  county  elections. 
[C.  73,  §  723;  R.,  §  603;  C.  '51,  §  373.] 

Sec.  1231.  Judgment  filed — execution.  A  transcript  of  the 
judgment  rendered  by  such  court,  filed  in  the  office  of  the  clerk 
of  the  supreme  court,  shall  have  the  force  and  effect  of  a  judg- 
ment of  the  supreme  court,  and  execution  may  issue  therefrom 
in  the  first  instance  against  the  party's  property  generally. 
[C.  73,  §  727;  R.,  §  607;  C.  '51,-  §  377.] 

Sec.  1232.  Power  of  judge.  The  presiding  judge  of  this 
court  shall  have  authority  to  carry  into  effect  any  order  of  the 


120  PRIMARY  AND  GENERAL  ELECTION  LAWS 

court,  after  the  adjournment  thereof,  by  attachment  or  other- 
wise.   [C.  '73,  §  728;  R.,  §  608;  C.  '51,  §  378.] 

Sec.  1230.  Compensation  of  judges.  The  judges  shall  be 
entitled  to  receive  for  their  travel  and  attendance  the  sum  of 
six  dollars  each  per  day,  with  such  mileage  as  is  allowed  to 
members  of  the  general  assembly,  to  be  paid  from  the  state 
treasury.  [C.  '73,  §  726 ;  R.,  §  606 ;  C.  '51,  §  376.] 


DIVISION  XXII. 
CONTESTING  ELECTIONS  OF  COUNTY  OFFICERS. 

Section  1201.  Court — how  constituted.  The  court  for  the 
trial  of  contested  county  elections  shall  be  thus  constituted: 
The  chairman  of  the  board  of  supervisors  shall  be  the  presid- 
ing officer,  and  the  contestant  and  incumbent  may  each  name  a 
person  who  shall  be  associated  with  him.  [C.  '73,  §  695;  R., 
573;  C.  '51,  §  343.] 

Sec.  1206.  Judges.  The  contestant  and  incumbent  shall 
each  file  in  the  auditor's  office,  on  or  before  the  day  of  trial, 
a  written  nomination  of  one  associate  judge  of  the  contested 
election,  who  shall  be  sworn  in  manner  and  form  as  trial  jurors 
are  in  trials  of  civil  actions ;  if  either  the  contestant  or  the  in- 
cumbent fails  to  nominate,  the  presiding  judge  shall  appoint 
for  him.  When  either  of  the  nominated  judges  fails  to  appear 
on  the  day  of  trial,  his  place  may  be  filled  by  another  appoint- 
ment under  the  same  rule.  [C.  '73,  §  700;  R.,  §§  577-8;  C.  '51, 
§§  347-8.] 

Sec.  1202.  Clerk.  The  county  auditor  shall  be  clerk  of  this 
court,  and  keep  all  papers,  and  record  the  proceedings  in  the 
election  book,  in  manner  similar  to  the  record  of  the  proceed- 
ings of  the  district  court,  but  when  the  county  auditor  is  a 
party,  the  court  shall  appoint  a  suitable  person  as  clerk,  whose 
appointment  shall  be  recorded.  [C.  '73,  §  696 ;  R.,  §  571 ;  C.  '51, 
§  344.] 

Sec.  1214.  Sheriff  to  attend.  The  court  or  presiding  judge 
may  direct  the  attendance  of  the  sheriff  or  a  constable  when 
necessary.  [C.  '73,  §  708 ;  R.,  §  589 ;  C.  '51,  §  359.] 

Sec.  1203.  Statement  of  contest.  The  contestant  shall  file 
in  the  office  of  the  county  auditor,  within  twenty  days  after  the 
day  when  the  incumbent  was  declared  elected,  a  written  state- 


CONTESTING   ELECTIONS  121 

ment  of  his  intention  to  contest  the  election,  setting  forth  the 
name  of  the  contestant,  and  that  he  or  she  is  qualified  to  hold 
such  office,  the  name  of  the  incumbent,  the  office  contested, 
the  time  of  the  election,  and  the  particular  causes  of  contest, 
which  statement  shall  be  verified  by  the  affidavit  of  the  con- 
lestant,  or  some  elector  of  the  county,  that  the  causes  set 
forth  are  true  as  he  verily  believes.  The  contestant  must  also 
file  with  the  county  auditor  a  bond,  with  security  to  be  ap- 
proved by  said  auditor,  conditioned  to  pay  all  costs  in  case  the 
election  be  confirmed,  or  the  statement  be  dismissed,  or  the 
prosecution  fail.  When  the  auditor  is  a  party,  the  clerk  of 
the  district  court  shall  receive  such  statement  and  approve 
such  bond.  [C.  '73,  §  697 ;  R.,  §  575 ;  C.  '51,  §  345.] 

Sec.  1204.  Names  of  voters.  When  the  reception  of  illegal 
or  the  rejection  of  legal  votes  is  alleged  as  a  cause  of  contest, 
the  names  of  the  persons  who  so  voted,  or  whose  votes  were 
rejected,  with  the  precinct  where  they  voted  or  offered  to  vote, 
shall  be  set  forth  in  the  statement.  [C.  '73,  §  698;  R.,  §  576; 
C.  '51,  §  346.] 

Sec.  1205.  Trial— notice.  The  chairman  of  the  board  of 
supervisors  .shall  thereupon  fix  a  day  for  the  trial,  not  more 
than  thirty  nor  less  than  twenty  days  thereafter,  and  shall 
cause  a  notice  of  such  trial  to  be  served  on  the  incumbent,  with 
a  copy  of  the  contestant's  statement,  at  least  ten  days  before 
the  day  set  for  trial.  [C.  '73,  §  699;  R.,  §§  577,  579,  580;  C. 
'51,  §§  347,  349,  350.] 

Sec.  1213.  Place  of  trial.  The  trial  of  contested  county 
elections  shall  take  place  at  the  county  seat,  unless  some  other 
place  within  the  county  is  substituted  by  the  consent  of  the 
court  and  parties.  [C.  '73,  §  703;  R.,  §  587;  C.  '51,  §  357.] 

Sec.  1210.  Subpoenas.  Subpoenas  for  witnesses  may  be  is- 
sued at  any  time  after  the  notice  of  trial  is  served,  either  by 
the  clerk  of  the  district  court  or  by  the  county  auditor,  and 

shall  command  the  witnesses  to  appear  at , 

on ,  to  testify  in  relation  to  a  contested  elec- 
tion, wherein  A B is  contestant  and  C 

D is  incumbent.     [C.  '73,  §  704;  R.,  §§  582,  586;  C.  '51, 

§§  352,  356.] 

Sec.  1207.  Postponement.  The  trial  shall  proceed  at  the 
time  appointed,  unless  postponed  for  good  cause  shown  by  affi- 


122  PRIMARY  AND  GENERAL  ELECTION  LAWS 

davit,  the  terms  of  which  postponement  shall  be  in  the  discre- 
tion of  the  court.  [C.  73,  §  701 ;  R.,  §  583 ;  C.  '51,  §  353.] 

Sec.  1208.  Procedure — powers  of  court.  The  proceedings 
shall  be  assimilated  to  those  in  an  action,  so  far  as  practicable, 
but  shall  be  under  the  control  and  direction  of  the  court,  which, 
shall  have  all  the  powers  of  the  district  court  necessary  to  the 
right  hearing  and  determination  of  the  matter,  to  compel  the 
attendance  of  witnesses,  swear  them  and  direct  their  examina- 
tion, to  punish  for  contempt  in  its  presence  or  by  disobedience 
to  its  lawful  mandate,  to  adjourn  from  day  to  day,  to  make  any 
order  concerning  intermediate  costs,  and  to  enforce  its  orders 
by  attachment.  It  shall  be  governed  by  the  rules  of  law  and 
evidence  applicable  to  the  case.  [C.  73,  §  702;  R.,  §§  584,  588, 
591  ;C.  '51,  §§354,  358,  361.] 

Sec.  1211.  Sufficiency  of  statement — amendment.  The 
statement  shall  not  be  dismissed  for  want  of  form,  if  the  par- 
ticular causes  of  contest  are  alleged  with 'such  certainty  as 
will  sufficiently  advise  the  incumbent  of  the  real  grounds  of 
contest.  If  any  part  of  the  causes  are  held  insufficient,  they 
may  be  amended,  but  the  incumbent  will  be  entitled  to  an  ad- 
journment, if  he  states  on  oath  that  he  has  matter  of  answer 
to  the  amended  causes,  for  the  preparation  of  which  he  needs 
further  time.  Such  adjournment  shall  be  upon  such  terms  as 
the  court  thinks  reasonable ;  but  if  all  the  causes  are  held  insuf- 
ficient and  an  amendment  is  asked,  the  adjournment  shall  be 
at  the  cost  of  contestant.  If  no  amendment  is  asked  for  or 
made,  or  in  case  of  entire  failure  to  prosecute,  the  proceedings 
may  be  dismissed.  [C.  73,  §  705;  R.,  §§  585,  591;  C.  '51, 
§g  355,  361.] 

Sec.  1209.  Testimony.  The  testimony  may  be  oral  or  by 
deposition,  taken  as  in  an  action  at  law  in  the  district  court. 
[C.  73,  §  703;  R.,  §  581;  C.  '51,  §  351.] 

Sec.  1215.  Voters  testify.  The  court  may  require  any  per- 
son called  as  a  witness,  who  voted  at  such  election,  to  answer 
touching  his  qualifications  as  a  voter,  and,  if  he  was  not  a 
qualified  voter  in  the  county  where  he  voted,  then  to  answer  for 
whom  he  voted;  and  if  the  witness  answer  such  questions,  no 
part  of  his  testimony  on  that  trial  shall  be  used  against  him 
in  any  criminal  action.  [C.  73,  §  709 ;  R.,  §  590 ;  C.  '51,  §  360.] 

Sec.  1220.  Judgment.  The  court  shall  pronounce  judg- 
ment whether  the  incumbent  or  any  other  person  was  duly 


CONTESTING  ELECTIONS  123 

elected,  and  adjudge  that  the  person  so  declared  elected  will 
be  entitled  to  his  certificate.  If  the  judgment  be  against  the 
incumbent,  and  he  has  already  received  the  certificate,  the 
judgment  shall  annul  it.  If  the  court  find  that  no  person  was 
elected,  the  judgment  shall  be  that  the  election  be  set  aside. 
[C.  73,  §  714;  R.,  §  592;  C.  '51,  §  382.] 

Sec.  1221.  How  enforced.  When  either  the  contestant  or 
incumbent  shall  be  in  possession  of  the  office,  by  holding  over 
or  otherwise,  the  pressing  judge  shall,  if  the  judgment  be 
against  the  party  so  in  possession  of  the  office  and  in  favor  of 
his  antagonist,  issue  an  order  to  carry  into  effect  the  judg- 
ment of  the  court,  which  order  shall  be  under  the  seal  of  the 
county,  and  shall  command  the  sheriff  of  the  county  to  put  the 
successful  party  into  possession  of  the  office  without  delay,  and 
to  deliver  to  him  all  books  and  papers  belonging  to  the  same; 
and  the  sheriff  shall  execute  such  order  as  other  writs.  [C. 
73,  §  715.] 

Sec.  1222.  Appeal.  The  party  against  whom  judgment  is 
rendered  may  appeal  within  twenty  days  to  the  district  court, 
but,  if  he  be  in  possession  of  the  office,  such  appeal  will  not 
supersede  the  execution  of  the  judgment  of  the  court  as  pro- 
vided in  the  preceding  section,  unless  he  gives  a  bond,  with 
security  to  be  approved  by  the  district  judge,  in  a  sum  to  be 
fixed  by  him,  and  which  shall  be  at  least  double  the  probable 
compensation  of  such  officer  for  six  months,  which  bond  shall 
be  conditioned  that  he  will  prosecute  his  appeal  without  delay, 
and  that,  if  the  judgment  appealed  from  be  affirmed,  he  will 
pay  over  to  the  successful  party  all  compensation  received  by 
him  while  in  possession  of  said  office  after  the  judgment  ap- 
pealed from  was  rendered.  The  court  shall  hear  the  appeal  in 
equity  and  determine  anew  all  questions  arising  in  the  case. 
[28  G.  A.,  ch.  39,  §  1 ;  C.  73,  §  716.] 

Sec.  1223.  Judgment  on  appeal.  If,  upon  appeal,  the  judg- 
ment is  affirmed,  the  district  court  may  render  judgment  upon 
the  bond  for  the  amount  of  damages,  against  the  appellant  and 
the  sureties  thereon.  [C.  73,  §  717.] 

Sec.  1212.  Process — fees.  The  style,  form  and  manner  of 
service  of  process  and  papers,  and  the  fees  of  officers  and  wit- 
nesses, shall  be  the  same  as  in  the  district  court,  so  far  as  the 
nature  of  the  case  admits.  [C.  73,  §§  706,  724;  R.,  §§  586, 
604  ;C.  '51,  §§356,  374.] 


124  PRIMARY  AND  GENERAL  ELECTION  LAWS 

Sec.  1216.  Compensation  of  judges.  The  judges  shall  be 
entitled  to  receive  four  dollars  a  day  for  the  time  occupied  by 
the  trial.  [C.  '73,  §  710 ;  R.,  §  593 ;  C.  '51,  §  363.] 

Sec.  1217.  Costs.  The  contestant  and  the  incumbent  are 
liable  to  the  officers  and  witnesses  for  the  costs  made  by  them, 
respectively ;  but  if  the  election  be  confirmed,  or  the  statement 
be  dismissed  or  the  prosecution  fail,  judgment  shall  be  rendered 
against  the  contestant  for  costs;  and  if  the  judgment  be 
against  the  incumbent,  or  the  election  be  set  aside,  it  shall  be 
against  him  for  costs.  [C.  '73,  §  711 ;  R.,  §  594;  C.  '51,  §  364] 

Sec.  1218.  How  collected.  A  transcript  of  the  judgment, 
filed  and  recorded  in  the  office  of  the  clerk  of  the  district  court 
as  provided  in  relation  to  transcripts  from  justices'  courts, 
shall  have  the  same  effect  as  there  provided,  and  execution  may 
issue  thereon.  [C.  '73,  §  712 ;  R.,  §  595 ;  C.  '51,  §  365.] 


DIVISION  XXIII. 
CONTESTING  ELECTIONS  OF  CITY  OR  TOWN  OFFICERS. 

Section  678.  Contesting  elections.  The  election  of  any  person 
to  a  city  or  town  office  may  be  contested  upon  the  same  grounds 
and  in  the  manner  provided  for  contesting  elections  to  county 
offices,  so  far  as  applicable.  The  mayor  shall  be  one  of  the 
court  and  the  presiding  officer  thereof,  and,  if  his  election  is 
contested,  the  council  shall  select  one  of  its  members  to  act  in 
his  place. 


DIVISION  XXIV. 
CONTRIBUTIONS  BY  CORPORATIONS  PROHIBITED. 

Section  1641-h.  Political  contributions  prohibited.  It  shall 
be  unlawful  for  any  corporation  doing  business  within  the 
state,  or  any  officer,  agent  or  representative  thereof  acting  for 
such  corporation,  to  give  or  contribute  any  money,  property, 
labor  or  thing  of  value,  directly  or  indirectly,  to  any  member 
of  any  political  committee,  political  party,  or  employe  or  rep- 
resentative thereof,  or  to  any  candidate  for  any  public  office  or 
candidate  for  nomination  to  any  public  office  or  to  the  repre- 
sentative of  such  candidate,  for  campaign  expenses  or  for  any 
political  purpose  whatsoever,  or  to  any  person,  partnership  or 


BRIBERY   AND    CORRUPTION    IN    ELECTIONS  125 

corporation  for  the  purpose  of  influencing  or  causing  such  per- 
son, partnership  or  corporation  to  influence  any  elector  of  the 
state  to  vote  for  or  against  any  candidate  for  public  office  or 
for  nomination  for  public  office  or  to  any  public  officer  for  the 
purpose  of  influencing  his  official  action,  but  nothing  in  this 
act  shall  be  construed  to  restrain  or  abridge  the  liberty  of  the 
press  or  prohibit  the  consideration  and  discussion  therein  of 
candidacies,  nominations,  public  officers  or  political  questions. 
[32  G.  A.,  ch.  73,  §  1.] 

Sec.  1641-i.  Solicitation  from  corporations  prohibited.  It 
shall  be  unlawful  for  any  member  of  any  political  committee, 
political  party,  or  employe  or  representative  thereof,  or  can- 
didate for  any  office  or  the  representative  of  such  candidate,  to 
solicit,  request  or  knowingly  receive  from  any  corporation  or 
any  officer,  agent  or  representative  thereof,  any  money,  prop- 
erty or  thing  of  value  belonging  to  such  corporation,  for  cam- 
paign expenses  or  for  any  political  purpose  whatsoever.  [32 
G.  A.,  ch.  73,  §  2.] 

Sec.  1641 -j.     Testimony — immunity  from  prosecution.    No 

person,  and  no  agent  or  officer  of  any  corporation  within  the 
purview  of  this  act  shall  be  privileged  from  testifying  in  rela- 
tion to  anything  herein  prohibited;  and  no  person  having  so 
testified  shall  be  liable  to  any  prosecution  or  punishment  for 
any  offense  concerning  which  he  is  required  to  give  his  testi- 
mony, provided  that  he  shall  not  be  exempted  from  prosecution 
and  punishment  for  perjury  committed  in  so  testifying.  [32 
G.  A.,  ch.  73,  §  3.] 

Sec.  1641-k.  Penalty.  Any  person  convicted  of  a  violation 
of  any  of  the  provisions  of  this  act  shall  be  punished  by  im- 
prisonment in  the  county  jail  not  less  than  six  months  or  more 
than  one  year  and  in  the  discretion  of  the  court,  by  fine  not 
exceeding  ten  hundred  dollars.  [32  G.  A.,  ch.  73,  §  4.] 


DIVISION  XXV. 
BRIBERY  AND  CORRUPTION  IN  ELECTIONS. 

Section  4914.  Bribery  of  electors.  Any  person  offering  or 
giving  a  bribe  to  any  elector  for  the  purpose  of  influencing  his 
vote  at  any  election  authorized  by  law,  or  any  elector  entitled 
to  vote  at  such  election  receiving  such  bribe,  shall  be  fined  not 


126  PRIMARY  AND  GENERAL  ELECTION  LAWS 

exceeding  five  hundred  dollars,  or  imprisoned  in  the  county 
jail  not  exceeding  one  year,  or  both.  [C.  73,  §  3993;  R., 
§  4333.] 

Sec.  4915.  To  refrain  from  voting — to  work  for  candidate. 
If  any  person  shall  make  an  agreement  with  another  to  pay 
him  any  sum  of  money  or  other  valuable  thing  in  consideration 
that  such  other  person  shall  refrain  from  voting  at  any  elec- 
tion, or  shall  induce  other  qualified  electors  to  refrain  from  vot- 
ing, or  that  such  other  person  shall  perform  any  service  or 
labor  on  any  election  day  in  the  interest  of  any  candidate  for 
any  office  who  is  to  be  voted  for  at  such  election,  or  in  the  inter- 
est of  any  measure  or  political  party,  he  shall  be  fined  in  any 
sum  not  less  than  fifty  nor  more  than  three  hundred  dollars,  or 
be  imprisoned  in  the  county  jail  not  exceeding  ninety  days.  [25 
G.  A.,  ch.  59,  §  1J 

Sec.  4916.  Accepting  bribe — punishment.  Any  person  who 
shall,  in  consideration  of  any  sum  of  money  or  other  valuable 
thing,  agree  to  refrain  from  voting  at  any  general  or  municipal 
election,  or  to  induce  or  attempt  to  induce  others  to  do  so,  or 
agree  to  perform  on  election  day  any  service  in  the  interest  of 
any  candidate,  party  or  measure  in  consideration  of  any  money 
or  other  valuable  thing,  or  who  shall  accept  any  money  or  other 
valuable  thing  for  such  services  performed  in  the  interest  of 
any  candidate,  political  party  or  measure,  shall  be  punished  as 
provided  in  the  preceding  section.  [25  G.  A.,  ch.  59,  §  2.] 

Sec.  4917.  Contracts  to  convey  voters.  Nothing  in  the  two 
preceding  sections  shall  be  so  construed  as  to  punish  individ- 
uals or  committees  of  any  political  party  from  making  contracts 
in  good  faith  for  the  conveyance  of  voters  to  and  from  polling 
places  and  the  payment  of  any  reasonable  compensation  for 
such  service.  [25  G.  A.,  ch.  59,  §  3.] 

Sec.  1087-a32.  Services  for  hire — penalty.  Any  person  who 
shall  agree  to  perform  any  services  in  the  interest  of  any  can- 
didate in  consideration  of  any  money  or  other  valuable  thing, 
or  who  shall  accept  any  money  or  other  valuable  thing  for 
such  services  performed  in  the  interest  of  any  candidate,  or 
any  person  paying  or  offering  to  pay  or  giving  or  offering  to 
give  money  or  other  valuable  things  for  such  services,  shall  be 
punished  by  a  fine  of  not  more  than  three  hundred  dollars,  or 
by  imprisonment  in  the  county  jail  not  exceeding  ninety  days. 
But  nothing  herein  shall  be  construed  to  prohibit  any  person 


BRIBERY   AND    CORRUPTION    IN    ELECTIONS  127 

from  making  contracts  in  good  faith  for  the  announcement  of 
his  candidacy  in  the  newspapers  and  for  securing  the  names  of 
voters  required  to  file  preliminary  nomination  papers  and  the 
payment  of  any  reasonable  compensation  for  such  services. 
[32  G.  A.,  ch.  51,  §  32.] 

Sec.  1087-a33.  Bribery — illegal  voting — penalty.  Any  per- 
son offering  or  giving  a  bribe,  either  in  money  or  other  con- 
sideration, to  any  elector  for  the  purpose  of  influencing  his  vote 
at  a  primary  election,  or  any  elector  entitled  to  vote  at  such 
primary  election  receiving  and  accepting  such  bribe;  any  per- 
son making  false  answer  to  any  of  the  provisions  of  this  act1 
relative  to  his  qualifications  and  party  affiliations ;  any  person 
wilfully  voting  or  offering  to  vote  at  a  primary  election  who 
has  not  been  a  resident  of  this  state  for  six  months  next  pre- 
ceding said  primary  election ;  or  who,  at  the  primary  election, 
is  not  twenty-one  years  of  age,  or  is  not  a  citizen  of  the  United 
States ;  or  knowing  himself  not  to  be  a  qualified  elector  of  such 
precinct  where  he  offers  to  vote ;  or  any  person  violating  any  of 
the  provisions  of  this  act,2  or  of  any  provisions  of  the  code  as 
may  be  hereto  applied,  and  any  person  knowingly  procuring, 
aiding  or  abetting  such  violation,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction,  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  five  hundred  dollars,  or  be 
imprisoned  in  the  county  jail  not  less  than  thirty  days  nor  more 
than  six  months.  [32  G.  A.,  ch.  51,  §  33.] 

Sec.  4918.  Voting  more  than  once.  If  any  elector  unlaw- 
fully vote  more  than  once  at  any  election  which  may  be  held 
by  virtue  of  any  law  of  this  state,  he  shall  be  fined  not  exceed- 
ing two  hundred  dollars,  or  be  imprisoned  in  the  county  jail 
not  exceeding  one  year.  [C.  73,  §  3994;  R.,.§  4334;  C.  '51, 
§  2692.] 

Sec.  4919.  When  not  qualified.  If  any  person,  knowing  him- 
self not  to  be  qualified,  vote  at  any  election  authorized  by  law, 
he  shall  be  fined  not  exceeding  two  hundred  dollars,  or  be  im- 
prisoned in  the  county  jail  not  exceeding  six  months.  [C.  73, 
§  3995;  R.,  §  4335;  C.  '51,  §  2693.] 

Sec.  4920.  Residence  in  county.  If  any  person  go  or  come 
into  any  county  of  this  state,  and  vote  in  such  county,  not  being 
a  resident  thereof,  he  shall  be  fined  not  exceeding  two  hundred 

'See  sees.  1087-a7,  1087-a8  and  1087-a9. 
*Secs.  1087-al  to  1087-a35,  inclusive. 


128  PRIMARY  AND  GENERAL  ELECTION  LAWS 

dollars,  or  be  imprisoned  in  the  county  jail  not  exceeding  one 
year.  [C.  73,  §  3996 ;  R.,  §  4336 ;  C.  '51,  §  2694] 

Sec.  4921.  Residence  in  state.  If  any  person  wilfully  vote 
who  has  not  been  a  resident  of  this  state  for  six  months  next 
preceding  the  election,  or  who,  at  the  time  of  the  election,  is 
not  twenty-one  years  of  age,  or  who  is  not  a  citizen  of  the 
United  States,  or  who  is  not  qualified,  by  reason  of  other  dis- 
ability, to  vote  at  the  place  where  and  time  when  the  vote  is  to 
be  given,  he  shall  be  fined  in  a  sum  not  exceeding  three  hundred 
dollars,  or  imprisoned  in  the  county  jail  not  exceeding  one  year. 
[C.  '73,  §  3997;  R.,  §  4337;  C.  '51,  §  2695.] 

Sec.  4922.     Counseling  to  vote  when  not  qualified.    If  any 

person  procure,  aid,  assist,  counsel  or  advise  another  to  give  his 
vote,  knowing  that  such  person  is  disqualified,  he  shall  be  fined 
not  exceeding  five  hundred  nor  less  than  fifty  dollars,  and  be 
imprisoned  in  the  county  jail  not  exceeding  one  year.  [C.  '73, 
§  3998;  R.,  §  4338;  C.  '51,  §  2696.] 

Sec.  4923.  Deceiving  voter  as  to  ballot.  If  any  judge  or 
clerk  of  election  furnish  an  elector  with  a  ticket  or  ballot,  in- 
forming^ him  that  it  contains  a  name  or  names  different  from 
those  which  are  written  or  printed  therein,  with  an  intent  to 
induce  him  to  vote  contrary  to  his  inclination,  or  fraudulently 
or  deceitfully  change  a  ballot  of  any  elector,  by  which  such 
elector  is  deprived  of  voting  for  such  candidate  or  person  as 
he  intended,  he  shall  be  imprisoned  in  the  county  jail  not  ex- 
ceeding two  years,  and  be  fined  not  exceeding  one  thousand 
dollars  nor  less  than  one  hundred  dollars.  [C.  '73,  §  3999 ;  R., 
§4339;C. '51,  §2697.] 

Sec.  4924.     Preventing  from  voting  by  force  or  threats.    If 

any  person  unlawfully  and  by  force,  or  threats  of  force,  pre- 
vent, or  endeavor  to  prevent,  an  elector  from  giving  his  vote  at 
any  public  election,  he  shall  be  imprisoned  in  the  county  jail  not 
exceeding  six  months,  and  fined  not  more  than  two  hundred 
dollars.  [C.  '73,  §  4000;  R.,  §  4340;  C.  '51,  §  2698.] 

Sec.  4925.  Bribing  clerks,  judges,  etc.  If  any  person  give 
or  offer  a  bribe  to  any  judge,  clerk  or  canvasser  of  any  election 
authorized  by  law,  or  any  executive  officer  attending  the  same, 
as  a  consideration  for  some  act  done  or  omitted  to  be  done 
contrary  to  his  official  duty  in  relation  to  such  election,  he 
shall  be  fined  not  exceeding  seven  hundred  dollars,  and  impris- 


BRIBERY    AND    CORRUPTION    IN    ELECTIONS  129 

oned  in  the  county  jail  not  exceeding  one  year.  [C.  '73,  §  4001 ; 
R.,  §  4341 ;  C.  '51,  §  2699.] 

Sec.  4926.    Procuring  vote  by  influence  or  threats.    If  any 

person  procure,  or  endeavor  to  procure,  the  vote  of  any  elector, 
or  the  influence  of  any  person  over  other  electors,  at  any  elec- 
tion, for  himself,  or  for  or  against  any  candidate,  by  means  of 
violence,  threats  of  violence,  or  threats  of  withdrawing  custom 
or  dealing  in  business  or  trade,  or  enforcing  the  payment  of 
debts,  or  bringing  any  civil  or  criminal  action,  or  any  other 
threat  of  injury  to  be  inflicted  by  him  or  by  his  means,  he 
shall  be  fined  not  exceeding  five  hundred  dollars,  or  imprisoned 
in  the  county  jail  not  more  than  one  year.  *[C.  '73,  §  4002;  R., 
§4342;C. '51,  §2700.] 

Sec.  4927.  Judges  or  clerks  making  false  entries,  etc.  If 
any  judge  or  clerk  of  any  election  authorized  by  law  know- 
ingly make  or  consent  to  any  false  entry  on  the  list  of  voters 
or  poll  books ;  or  put  into  the  ballot  box,  or  permit  to  be  so  put 
in,  any  ballot  not  given  by  a  voter;  or  take  out  of  such  box, 
or  permit  to  be  so  taken  out,  any  ballot  deposited  therein,  ex- 
cept in  the  manner  prescribed  by  law;  or  by  any  other  act  or 
omission  designedly  destroy  or  change  the  ballots  given  by  the 
electors,  he  shall  be  fined  not  exceeding  one  thousand  dollars, 
and  imprisoned  in  the  penitentiary  not  exceeding  five  years. 
[C.  '73,  §  4003;  R.,  §  4343;  C.  '51,  §  2701.] 

Sec.  4928.  Illegally  receiving  or  rejecting  votes.  When  any 
one  "who  offers  to  vote  at  any  election  is  objected  to  by  an 
elector  as  a  person  not  possessing  the  requisite  qualifications, 
if  any  judge  of  such  election  unlawfully  permit  him  to  vote 
without  producing  proof  of  such  qualification  in  the  manner 
directed  by  law,  or  if  any  such  judge  wilfully  refuse  the  vote  of 
any  person  who  complies  with  the  requisites  prescribed  by  law 
to  prove  his  qualifications,  he  shall  be  fined  not  more  than  two 
hundred  nor  less  than  twenty  dollars,  or  be  imprisoned  in  the 
county  jail  not  exceeding  six  months.  [C.  '73,  §  4004;  R., 
§4344;C.  '51,  §2702.] 

Sec.  4929.  Misconduct  to  avoid  election.  If  any  judge, 
clerk  or  executive  officer  designedly  omit  to  do  any  official  act 
required  by  law,  or  designedly  do  any  illegal  act,  in  relation  to 
any  public  election,  by  which  act  or  omission  the  votes  taken 
at  any  such  election  in  any  city,  town,  precinct,  township  or 
district  be  lost,  or  the  electors  thereof  be  deprived  of  their 


130  PRIMARY  AND  GENERAL  ELECTION  LAWS 

suffrage  at  such  election,  or  designedly  do  any  act  which  ren- 
ders such  election  void,  he  shall  be  fined  not  less  than  one  hun- 
dred nor  more  than  one  thousand  dollars,  or  imprisoned  in  the 
county  jail  not  more  than  one  year,  or  both.  [C.  '73,  §  4005 ; 
R.,  §4345;C.  '51,  §  2703.] 

Sec.  4930.  Not  returning  poll  books.  If  any  judge,  clerk  or 
messenger,  after  having  been  deputed  by  the  judges  of  the 
election  to  carry  the  poll  books  of  such  election  to  the  place 
where  by  law  they  are  to  be  canvassed,  wilfully  or  negligently 
fail  to  deliver  them  within  the  time  prescribed  by  law,  safe, 
with  the  seal  unbroken,  he  shall,  for  every  such  offense,  be 
fined  not  more  than  five  hundred  nor  less  than  fifty  dollars. 
[C.  '73,  §  4006 ;  R.,  §  4346 ;  C.  '51,  §  2704.] 

Sec.  4931.  Improper  registry.  Any  person  who  causes  his 
name  to  be  registered,  knowing  that  he  is  not  or  will  not  be- 
come a  qualified  voter  in  the  precinct  where  his  name  is  regis- 
tered previous  to  the  next  election,  or  who  shall  wrongfully 
personate  any  registered  voter,  and  any  person  causing,  or 
aiding  or  abetting  any  person  in  either  of  said  acts,  shall  be, 
for  each  offense,  imprisoned  in  the  penitentiary  not  less  than 
one  year.  [C.  '73,  §  4007.] 

Sec.  1136.  Forgery  of  papers  or  ballots.  Any  person  who 
shall  falsely  make,  or-  wilfully  destroy,  any  certificate  of  nomi- 
nation or  nomination  papers,  or  any  part  thereof,  or  any  letter 
of  withdrawal,  or  file  any  certificate  of  nomination,  or  nomina- 
tion papers,  knowing  the  same  or  any  part  thereof  to  be  falsely 
made,  or  suppress  any  certificate  of  nomination,  or  nomination 
papers,  or  any  part  thereof,  which  have  been  duly  filed,  or 
forge  or  falsely  make  the  official  indorsement  on  any  ballot, 
or  substitute  therefor  any  spurious  or  counterfeit  ballot,  or 
make,  use,  circulate,  or  cause  to  be  made  or  circulated  as  an 
official  ballot,  any  paper  printed  in  imitation  or  resemblance 
thereof,  or  wilfully  destroy  or  deface  any  ballot,  or  wilfully 
delay  the  delivery  of  any  ballots,  shall  be  punished  by  a  fine  of 
not  less  than  one  hundred  nor  more  than  one  thousand  dol- 
lars, or  by  imprisonment  in  the  penitentiary  not  less  than  one 
nor  more  than  five  years,  or  by  both  fine  and  imprisonment. 
[24  G.  A.,  ch.  33,  §  29.] 

Sec.  4931-a.  Political  advertisements,  etc.,  to  be  signed — 
penalty.  Whoever  writes,  prints,  posts  or  distributes,  or 
causes  to  be  written,  printed,  posted  or  distributed,  a  circu- 


BRIBERY    AND    CORRUPTION    IN    ELECTIONS  131 

lar,  poster  or  advertisement  which  is  designed  to  promote  the 
nomination  or  election  of  a  candidate  for  public  office  or  to 
injure  and  defeat  the  nomination  or  election  of  any  candidate 
for  public  office,  or  to  influence  the  voters  on  any  constitu- 
tional amendment,  or  to  influence  the  vote  of  any  member  of 
the  legislature,  unless  there  appears  upon  such  circular  or 
poster  or  advertisement,  in  a  conspicuous  place,  either  the 
name  of  the  chairman  or  secretary  or  of  two  officers  of  the 
organization  issuing  the  same,  or  of  the  person  who  is  respon- 
sible therefor,  with  his  name  and  address,  shall  be  guilty  of  a 
misdemeanor  and  upon  conviction  thereof  shall  be  fined  not 
exceeding  one  hundred  dollars,  or  imprisoned  in  the  county 
jail  riot  to  exceed  thirty  days,  or  by  both  such  fine  and  impris- 
onment. 

Provided,  that  nothing  in  this  act  shall  apply  to  the  editorial 
or  news  advertisements  of  any  magazine  or  newspaper  where 
the  same  is  not  a  political  advertisement,  nor  to  cards,  posters, 
lithographs  or  circulars,  issued  by  a  candidate  advertising  his 
own  candidacy.  [36  G.  A.,  ch.  243,  §  1.] 

Sec.  49 19 -a.  Illegal  voting.  Whenever  any  political  party 
shall  hold  a  primary  election  for  the  purpose  of  nominating  a 
candidate  for  any  public  office  or  for  the  purpose  of  selecting 
delegates  to  any  convention  of  such  party,  it  shall  be  unlawful 
for  any  person  not  a  qualified  elector,  or  any  qualified  elector 
not  at  the  time  a  member  in  good  faith  of  such  political  party, 
to  vote  at  such  primary  election.  Any  person  violating  the  pro- 
visions of  this  section,  and  any  person  knowingly  procuring, 
aiding  or  abetting  such  violation,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  fined  not  to  exceed 
one  hundred  dollars  or  be  imprisoned  in  the  county  jail  not  to 
exceed  thirty  days.  [27  G.  A.,  ch.  Ill,  §  1.] 

Sec.  4919-b.  Prima  facie  evidence.  It  shall  be  prima  facie 
evidence  of  the  violation  of  the  preceding  section  for  any  per- 
son who  has  participated  in  any  primary  election  of  one  po- 
litical party,  to  vote  at  a  primary  election  held  by  another  po- 
litical party,  to  select  candidates  to  be  voted  for  at  the  same 
election ;  or  to  select  delegates  to  any  convention  of  the  party 
holding  such  primary  election.  [27  G.  A.,  ch.  Ill,  §  2.] 

Sec.  4919-c.  Authority  to  administer  oaths.  Any  judge  of 
such  primary  election  shall  have  power  to  administer  oaths  to, 


132  PRIMARY  AND  GENERAL  ELECTION  LAWS 

and  to  examine  under  oath,  any  person  offering  to  vote  at  such 
election,  touching  his  qualifications  to  participate  in  such  pri- 
mary election,  and  it  shall  be  the  duty  of  such  judge  of  election 
to  so  examine  or  cause  to  be  examined  any  person  challenged 
as  to  his  right  to  vote.  Any  person  testifying  falsely  as  to  any 
material  matter,  touching  his  qualifications  to  participate  in 
such  primary  election,  shall  be  deemed  guilty  of  perjury  and 
punished  accordingly.  [27  G.  A.,  ch.  Ill,  §  3.] 

Sec.  491 9-d.  What  excepted.  Nothing  in  this  act  shall  be 
construed  to  apply  to  conventions  held  under  the  caucus  sys- 
tem. [27  G.  A.,  ch.  Ill,  §  4.] 


INDEX 


Absent  Voters'  Law:  Page 

affidavits  required,  §§  1137-f,  1137-g,  1137-j 105, 106, 108 

ballots,  auditor  or  clerk  to  mail  or  deliver  to  voter,  §§  1137-e, 

1137-f   105 

custody  of,  §  1137-h 106 

delivery  to  judges  of  election,  §  1137-i 107 

deposit  of,  rejection  of  defective,  §  1137-j 108 

marked  by  elector  and  returned,  1137-g 106 

challenge  of  vote,  §  1137-k 109 

construction  of  statute,  §  1137-0 110 

death  of  voter,  effect,  §  1137-1 109 

elections  applicable  to,  §  1137-b 103 

election  laws  made  applicable,  §  1137-m 109 

elector  to  apply  for  ballot,  §  1137-c 104 

form  of  application,  §  1137-d 104 

penalties  for  violation  of  law,  §  1137-n 109 

persons  entitled  to  vote,  §  1137-b 103 

registration,  affidavit  considered  sufficient,  §  1137-j 108 

Abstract  of  Votes: 

by  board  of  supervisors,  §§  1149,  1150 92 

duplicates,  §§  1151,  1153 93 

forwarded  to  secretary  of  state,  when,  §  1157 94 

to  speaker  of  house  of  representatives,  when,  §  1157 94 

from  counties,  delayed,  §  1158 94 

preparation  for  township  or  city,  §  1146 92 

recordation,  §  1154 93 

secretary  of  state  to  be  custodian  of,  §  1159 95 

special  elections,  §§  1157,  1161 94,  95 

to  contain  declaration  of  election,  when,  §  1152 93 

See  also  Canvass  of  Votes;  Returns;  Returns  of  Election. 

Abstracts: 

of  canvass  by  county  board  forwarded  to  secretary  of  state, 

§   1087-a20   43 

of  canvass  recorded  by  secretary  of  state,  §  1087-a23 45 

of  result  of  state  canvass,  §§  1162,  1163 95,  96 

Advertisements,   Political: 

unsigned,  not  to  be  distributed,  exceptions,  §  4931-a 131 

Affidavit: 

form  to  be  filed  by  candidates,  §  1087-alO 31,  32 

subscribed  to  by  absent  or  disabled  voter  under  absent  voters' 

law,  §§  1137-f,  1137-g,  1137-j 105, 106,  108 


134  INDEX 

Aldermen:  Page 

nomination  of,  §  1087-a34 52 

Arrest: 

of  disorderly  persons  at  polling  places,  §  1128 85 

Assessors: 

election  and  term,  §§  1075,  565,  650 10, 13 

in  cities  under  special  charter,  election  and  duties,  §  939 15 

Attorney  General: 

to  prepare  instructions  to  voters,  §  1111 79 

Australian   Ballot: 

to  be  used  at  primary  elections,  §  1087-a6 38 

Ballots: 

absent  voters'  law,  application  for,  §§  1137-c,  1137-d 104 

custody  of,  §  1137-h 106 

delivered  or  mailed  to  elector,  §§  1137-e,  1137-f 105 

delivered  to  judges  of  election,  §  1137-i 107 

deposit  in  ballot  boxes,  §  1137-j -108 

marked  and  returned  by  voter,  §  1137-g 106 

rejected  and  defective,  §   1137-j 108 

columns  and  order  of  tickets,  §§  1105,  1106 72,  73 

deceiving  voter  as  to,  penalty,  §  4923 128 

defect  in  printed,  effect,  §  1122 83 

defective  and  disputed,  §§  1139,  1142 89,  90 

delivery  of  at  polling  places,  §  1056-b5 26 

to  voters,  by  judges  of  election,  §§  1114,  1116 80,  81 

destruction  of,  §  1143 90 

when  contest  is  pending,  §  1143 90 

by  election  officials,  penalty,  §  4927 129 

distribution  of,  §§  1107,  1110 76,  77 

errors  in,  correction,  §  1110 77 

errors  of  officials  in  marking,  etc.,  effect,  §  1122 83 

excess  of,  effect,  §  1140 89 

expense  of  printing  and  distributing,  §  1129 87 

forgery  of,  penalty,  §  1136 130 

form  of,  for  constitutional  amendments,  §  1106 74 

general  elections,  §§  1106,  1109 74,  76 

primary  elections,  §  1087-al4 34,  35 

municipal  elections,   in  cities  under    commission    form    of 

government,  §  1056-a21 18, 19 

municipal  elections,  in  cities  under  manager  plan,  §  1056-b4.       26 
removal  elections  in  cities  under  commission  form  of  gov- 
ernment, §  1056-a36 23 

for  voting  machines,  arrangement  of,  §  1137-al9 101 

delivery  to  election  board,  §  1137-al8 100 

form,  §  1137-al5 100 

independent,  §§  1137-al9,  1137-a25 101, 103 

samples,  §  1137-al6 100 

two  sets  required,  §  1137-al7 100 


INDEX  133 

Page 

for  women,  vote  on  presidential  electors,  §  1106 75 

marking  and  depositing  by  voter,  §§  1117,  1119,  1120,  1121 81-83 

for  purpose  of  identification,  §  1134 85 

names  of  judicial  candidates  on,  38  G.  A.,  ch.  63,  §  4 60 

not  voted  to  be  returned,  §  1141 89 

preservation  of,  §  1142 90 

primary  election,  Australian  ballot  to  be  used,  §  1087-a6 38 

counting    and     sealing;     delivery    of    to     county     auditor, 

§  1087-al7  40,41 

disclosing  contents  of,  penalty,  §  1087-a31 52 

manner  of  voting,  §  1087-a6 38 

order  of  names  on  designated,  §  1087-al2 33,  34 

recount,  §  1087-al8 42 

printing  of,  constitutional  amendments,  §  1106 75 

for  general  election,  §§  1107,  1109 75,  76 

for    municipal    elections,    in    cities    under    manager    plan, 

§   1056-b5    26 

order  of  names,  §  1087-al3 35,  36 

record  of,  §  1141 90 

rejection  of,  §  1120 83 

sample,  posted,  §  1112 79 

secretary  of  state  to  designate  order  of  tickets  on,  §  1105 72 

separate  for  constitutional  amendments,  §  1137-a27 103 

for  township  assessor,  when,  §  1130 71 

for  women,  §§  1106,  1131 75,  84 

special  election,  cities  under  special  charter,  §  937 14 

spoiling  ballots,   §   1121 83 

use  of  circle  at  top,  §§  1119,  1120 82,  83 

vacancies  in  names,  how  filled,  §  1108 77 

voting  by,  at  all  elections,  Const.,  Art.  2,  §6 1 

See   also   Ballot   Boxes;    Independent   Ballots;    Official   Ballots; 
Printing;   Sample  Ballots. 

Ballot   Boxes: 

depositing  ballot  in,  §  1117 81 

location  of  at  polling  places,  §  1113 71 

provided  by  board  of  supervisors,  §  1130 71 

separate  for  township  officers,  when  required,  §  1090 69 

assessor,   §   1130 71 

for  women,  §  1131 '  84 

Board  of  Canvassers:  * 

to  determine  tie,  when,  §  1087-a24 45 

See  also  Board  of  Supervisors;   Canvass  of  Votes;   State  Board 
of  Canvassers. 

Board  of  County  Canvassers: 

See  Board  of  Supervisors. 
Board  of  Registers: 

See  Registers ;  Registration  of  Voters. 


136  INDEX 

Board  of  State  Canvassers:  Page 

See  State  Board  of  Canvassers. 
Board  of  Supervisors: 

abstract  of  votes,  §§  1149,  1150 92 

duplicates,  §§  1151,  1153 93 

canvass  by,  §§  1087-al9,  1149 41,  92 

returns  filed,   §  1154 93 

special  election,  §  1171 97 

certificate  of  election,  issuance  of,  special  election,  §  1171 97 

certified  list  of  party  nominees   to   county  central   committee, 

§   1087-al9    42 

duties  in  re  completion  of  election  board  membership,  §.  1093. .  .69,  70 

election  and  term,  §  411 9 

may  change  boundaries  of  precinct,  §  1090 68 

may  provide  polling  places  within  a  city  for  country  precinct, 

§  1091 69 

published  proceedings  of,  as  canvassing  board,  §  1087-a21 43 

recount  of  ballots,  §  1087-al8 42,  43 

returns  of  primary  election  delivered  to,  §  1087-al7 41 

to  allow  compensation  for  use  of  building  used  for  election,  §  566  68 

to  audit  primary  election  expenses,  §  1087-a5 37 

to  call  special  election,  when,  §  1074-a 10 

to  deliver  original  returns  to  auditor,  §  1087-a21 43 

to  forward  abstracts  to  secretary  of  state,  §  1087-a20 43 

to  provide  ballot  boxes,  §  1130 71 

to  publish  notice  of  boundaries,  §  1092 69 

voting  machines,  purchase  of,  §  1137-a8 98 

experimental  use  of,  §  1137-al2 99 

See  also  Board  of  Canvassers;  Canvass  of  Votes. 

Booths: 

card  of  instructions,  posted  in,  §  1112 79 

deposited  with  certain  officers  for  future  use,  §  1113 71 

number  of,  §  1113 71 

provided  for  polling  places,  §  1113 70 

Bribery  and  Corruption  in  Elections: 

agreement  to   refrain   from   voting   or   to   work   for   candidate, 

§§   4915,   4916. 126 

bribing  election  officials,  §  4925 128 

contracts  to  convey  voters  excepted,  §  4917 126 

counseling  disqualified  person  to  V9te,  §  4922 128 

election  officials,  deceiving  v^oter  as  to  ballot,  §  4923 128 

failure  to  return  poll  books,  §  4930 130 

illegally  receiving  or  rejecting  votes,  §  4928 129 

making  false  entries,  destroying  ballots,  etc.,  §  4927 129 

misconduct  of,  §§  1087-a31,  4929 52, 129 

forgery  of  nomination  papers  or  ballots,  §  1136 130 

illegal  voting  at  primary  election,  §  1087-a33 127 

evidence,  §§  4919-a,  4919-b 131 

improper  registry  or  false  personation,  §  4931 130 


INDEX  137 

Page 
in  cities   under  commission   form   of  government,   §§   1056-a31, 

1056-a23,  1056-a32   20,  21 

under  manager  plan,  §  1056-b6 26 

offering  or  accepting  a  bribe,  §§  4914,  4916,  1087-a33 125, 126, 127 

political  advertisements  not  signed,  exceptions,  §  4931-a 130 

political  contributions  from  corporations,  §§  1641-h,  1641-i 124,125 

preventing  elector  from  voting  by  force  or  threats,  §  4924 128 

procuring  vote  by  influence  or  threat,  §  4926 129 

promise  of  position  or  influence  prohibited,  penalty,  §§  1134-a, 

1134-b,  1134-c   88 

services  for  hire  for  candidates  in  certain  cities,  §  1056-a22. 20 

for  hire,  exceptions,  §  1087-a32 126 

setting  aside  an  election,  §  1200 114 

voters,  bribery  of,  §§  4914-4916,  1087-a33 125, 126, 127 

voting  more  than  once,  §  4918 127 

when  not  qualified,  §§  4919-4921 127,128 

See  also  Election  Officers;   Penalties. 
Call: 

for  district  convention,  §  1087-a26 49 

district   judicial   convention,    issuance    of,    publication   and 

filing  of,  38  G.  A.,  ch.  63,  §  3 *.....       59 

state  judicial  convention,  issuance  of,  38  G.  A.,  ch.  63,  §  2. .       58 

Campaign  Expenses: 

See  Political  Contributions;  Statement  of  Expenses. 

Candidates: 

agreement  to  work  for  on  election  day,  prohibited,  §§  4915,  4916    126 

certificates  of  election,  for  precinct  offices,  §  1138 89 

duly  elected,  when,  §§  1138,  1170 89,  97 

nominated,  when,  §§  1087-al9,  1087-a22 41, 42,  44 

failure  to  nominate  at  primary,  §  1087-al9 42 

filing  of  nomination  papers  and  affidavit,  §  1087-alO 30-33 

for  judicial  offices,  list  of  certified  by  secretary  of  state,   38 

G.  A.,  ch.  63,  §  4 60 

for  municipal  offices,  petition  required,  §  1087-a34 52 

may  inspect  ballot,  §  1110 . 77 

may  require  a  recount  of  ballots,  §  1087-al8 42 

name  not  to  be  printed  more  than  once  on  ballot  for  same  office, 

§  1106 73 

nomination,   by   convention,    §    1098 53 

by  petition,   §   1100 55 

by  petition,  judicial  offices,  38  G.  A.,  ch.  63,  §  6 60 

for  elective  offices  in  certain  cities,  §§  1056-a21,  1056-b4 16,25 

on  more  than  one  ticket,  to  file  written  designation,  §  1087-a6      38 
notice  to,  of  objections  to  certificate  or  nomination  papers,  §  1103      55 

order  of  names  on  ballot,  §  1106 < 73 

political  advertisements   issued   by,   §   4931-a 131 

promise  of  position  or  influence  prohibited,  penalty,  §§  1134-a, 

1134-b,  1134-c   88 


138  INDEX 

Page 

services  for  hire  in  interest  of,  §  1087-a32 126 

to  file  sworn  statement  of  election  expenses,  §  1137-al Ill 

failure  to  do  so,  penalty,  §  1137-a6 113 

when  to  be  nominated  at  primary  election,  §  1087-al 28 

withdrawal  of  nomination,  §  1101 55 

See  also  Nominations;  Primary  Elections. 

Canvassers: 

See  Board  of  Canvassers;  Board  of  Supervisors;  State  Board  of 
Canvassers. 

Canvass  of  Votes: 

abstract  filed  with  county  auditor,  §  1087-al9 41 

by  board  of  supervisors,  §§  1087-al9,  1149 41,  92 

returns  filed,  §   1154 93 

by  general  assembly,  for  governor    and    lieutenant    governor, 

§   30-a 95 

by  judges  of  election,  §  1138 88 

by  state  board  of  canvassers,  §§  1087-a22,  1161,  1162. 44,  95 

abstracts  of  result,  §§  1162,  1163 95,  96 

declaration  of  election,  §  1152 93 

defective  ballots,  §  1139 89 

excess  of  ballots,  §  1140 89 

for  delegates  to  county  convention  and  members  of  county  cen- 
tral committee,  §  1087-a25 48 

for  presidential  electors,  §  1173 110 

generally,  §§  1138-1172 88-97 

municipal  primary  and  general  elections,  §§  1056-a21,  1056-b5. .  .19,  26 

notice  of  result  of  election  posted,  §  1147. 92 

proclamation  of  result,  §  1142 90 

recanvass  in  case  of  contest,  §  1143 114 

record  to  be  kept  by  secretary  of  state,  §  1164 96 

returns  from  precincts,  §  1146 91 

made  by  judges  of  election,  §  1144 91 

special  elections,  §§  1161,  1162,  1171 95,  97 

to  be  public,  §  1170 97 

when  voting  machines  used,  §§  1137-a24,  1137-a25 103 

statements  of  election,  §  1137-a26 103 

See  also  Abstract  of  Votes;  Returns  of  Election;  Board  of  Su- 
pervisors;  State  Board  of  Canvassers;   Judges  of  Elec- 
tion. 
Card  of  Instruction: 

expense  of  printing  and  distributing,  §  1129 87 

for  guidance  of  voters,  printing  and  distribution  of,  §  1111 78 

posting  of  at  polling  places,  §§  1112,  1137-al9 79, 101 

wilful  destruction  of,  penalty,  §  1135 86 

See  also  Instructions  to  Voters. 
Certificates: 

by   state   canvassing  board   where   candidates   not   nominated, 

§  1087-a22   .  , ,-. .  44 


INDEX  139 

Page 

of  appointment,  to  presidential  elector  after  judgment  in  con- 
tested election,  §  1249 118 

of  registration  may  be  issued  on  election  day,  when,  §  1082 65 

of  result  of  election  by  presidential  electors,  §  1175 Ill 

Certificate  of  Election: 

for  precinct  offices,  §  1138 89 

for  presidential  electors,  §§  1173,  1168 110,  111 

for  representative  in  congress,  §  1166 97 

for  senators  and  representatives,  §§  1156,  1165 94,  96 

for  township,  city  or  ward  officers,  §  1146 92 

issuance  of,  form,  §§  1155,  1165 93,  96 

mailing  of,  by  secretary  of  state,  §  1167 96 

special  elections,  §  1171 97 

withheld  in  case  of  contest,  §  1219 114 

Certificates  of  Nomination: 

candidates  nominated  by  convention,  §  1099 54 

correction  of  errors,  §  1104 57 

forwarded  by  secretary  of  state  to  county  auditor,  §  1087-a23...       45 

issuance  of  after  filling  of  vacancy,  §  1087-a24 46 

objections  to,  §  1103 54 

open  to  public  inspection,  §  1104 57 

sent  to  county  auditor,  §  1105 72 

time  and  place  of  filing,  §  1104 56 

to  supply  vacancies,  contents  of,  §  1102 56 

Challenges: 

duty    of    judge    of    election    to    examine    challenged    persons, 

§§   1087-a9,   1115,   4919-c 40,  80, 132 

grounds  for,  affidavit,  §  1087-a9 40 

municipal  primary  elections,   §  1056-a21 19 

vote  of  absent  or  disabled  voter,  §  1137-k 109 

voter  subject  to,  §§  1087-a9,  1115 40,  80 

Challenging  Committees: 

permitted  at  polling  places,  §  1124 84 

Change  of  Residence: 

See  Registration  of  Voters. 

City  Auditor: 

municipal  primary  elections,  duties,  §  1087-a34 52 

City  Clerk: 

absent  voters'  law,  duties,  §§  1137-d-1137-i 104-107 

penalty  for  violation,  §  1137-n 109 

certificates  of  nomination  and  nomination    papers    filed    with, 

§  1104 56 

custody  of  certificates  of  registration,  §  1082 "    66 

elections  in  cities  under  manager  plan,  duties,  §§  1056-b4,  1056-b5       26 
objections  to  certificates  of  nomination  or  nomination  papers 

filed  with,  §  1103 55 

primary  elections  in  cities  under  commission  form  of  govern- 
ment, duties,  §  1056-a21 17, 18, 19 


140  INDEX 

t'ags 

printing  and  distributing  of  ballots,  §§.  1107,  1109 76 

recall  of  officers,  duties,  §  1056-a36 22 

statement  of  expenses  filed  with,  §  1056-a32 21 

to  canvass  vote  and  publish  returns  in  certain  cities,  §  1056-a21.  19 

to  furnish  registry  book,  §  1077 62 

to  notify  officers  of  their  election,  §  1147 92 

to  prepare  ballots  for  special  election,  §  937 14 

to  preserve  registry  and  poll  books,  §§  1086,  1145 67,  91 

to  provide  polling  places,  §  1113 70 

to  retain  supply  of  ballots  in  reserve,  §  1110 78 

withdrawal  of  nomination  filed  with,  §  1101 55 

See  also  Town  Clerk. 

City  Convention: 

delegates  to,  election  of,  §  1087-a34 52 

City  Council: 

appointment  of  judges  and  clerks  of  election,  §  1056-b5 26 

registers,  §  1076 61 

as  judges  of  election,  §  1093 69 

boundaries  of  precincts,  publishing  notice,  change,  §§  1090,  1092.68,69 

completion  of  election  board  membership,  §  1093 "70 

how  composed,  election,  term,  §§  645,  646 11, 12 

cities  under  special  charter,  §  937 13 

municipal  primary  elections,  duties,  §  1087-a34 52 

to  appoint  special  policemen  for  election  day,  §  1125 86 

to  fix  voting  places  for  municipal  elections,  §  642 11 

voting  machines,  purchase  of,  §  1137-a8 . .  98 

experimental  use  of,  §  1137-al2 99 

City   Election: 

term  defined,  §  1089 68 

See  also  Elections;  Municipal  Elections. 

Cities: 

nomination  and  election  of  judges  of  superior  court,  38  G.  A., 

ch.  63,   §  5 60 

officers  notified  of  election,  §  1147 92 

registers,  appointment  of  by  city  council,  §  1076 61 

by  mayor,  when,  §  1076 61 

registration  of  voters,  §§  1076-1087 ; . . .  61-67 

Cities  of  the  First  Class: 

elective  offices,  §  647 12 

Cities  of  the  Second  Class: 

elective  offices,  §  648 13 

Cities  and  Towns: 

council,  how  composed,  §  645 11 

election  and  term,  §  646 11,12 

councilmen  to  be  judges  of  election,  §  1093 69 

election  of  officers,  tie  vote,  how  determined,  §  679 97 

officers,  term,  qualifications,  §§  643,  644,  650 11, 13 

polling  places  provided  by  mayor  and  clerk,  §  1113 70 

See  also  Towns. 


INDEX  141 

Cities  Under  Commission  Form  of  Government:  Page 

elective  offices,  §  1056-a20 16 

vacancies  in,  how  filled,  §  1056-a20 16 

municipal  elections,  bribery  and  illegal  voting,  §  1056-a23 20 

manner  of  conducting,  §  1056-a21 16 

services  for  hire  for  candidates  at,  prohibited,  §  1056-a22. . .  20 
officers  and  employes,  election  contributions  by,  prohibited, 

§§  1056-a31,  1056-a32 20,  21 

primary  election,  date  and  manner  of  conducting,  §  1056-a21...  16 
removal  of  elective  officers,  election  of  successors,  §  1056-a36. . .  21-23 

Cities  Under  Manager  Plan: 

elective  offices,  §   1056-b3 23-25 

manager  not  to  influence  election,  §  1056-b20 27 

municipal  elections,  bribery  and  illegal  voting,  §  1056-b6 26 

manner  of  conducting,  §  1056-b5 26 

services  for  hire  for  candidates  at,  prohibited,  §  1056-b6...  26 
officers  and  employes,  election  contributions  by,  prohibited, 

§  1056-bll   27 

Cities  Under  Special  Charter: 

assessors,  election  and  duties,  §  939 15 

council,  election  and  term,  vacancies,  §§  937,  937-a 13, 14 

elections,  how  governed,  §  936 13 

elective  offices,  §  940 15 

marshal  and  policemen,  §  938 14 

park  commissioners,  election  and  term,  §  991 15 

registration  of  voters,  §§  1076-1087 61-67 

See  also  Registration  of  Voters.  j 

City  Primary  Elections: 
See  Primary  Elections. 

Clerks  of  Election: 

appointment,  as  members  of  election  board,  §  1093 69 

primary  elections,  §  1087-a5 37 

certain  municipal  elections,  §   1056-b5 26 

arrest  of  disorderly  persons,  §  1128 85 

counting  and  sealing  of  ballots  at  primary  election,  §  1087-al7..  40 

oath  taken  by,  §§  1094,  1095. 79,  80 

recordation  of  party  affiliation,  §  1087-a8 40 

to  enter  names  of  voters  in  poll  books,  §§  1087-al6,  U16 37,  81 

to  keep  tally  list  of  count  of  votes,  §  1138 88 

to  prohibit  treating  near  the  polls,  §  1137-a5 113 

use  of  voting  machines,  duties,  §  1137-al9 101 

vacancy  in  office,  how  filled,  §  1093 70 

See  also  Election  Board;  Election  Officers;  Judges  of  Election. 

Committee: 

to  hear  contested  election  of  governor  and  lieutenant  governor, 

§§  1242-1245  115, 116 

See  also  County  Central  Committee;  District  Central  Commit- 
tee; Party  Committee;  State  Central  Committee. 


142  INDEX 

Committeemen:  Page 

See  Party  Committeemen;  Party  County  Committeemen. 

Compensation: 

judges  and  clerks  of  election,  §§  1087-a5,  10D3 37,  69 

judges  in  contested  elections,  §§  1230,  1216 120, 124 

members  of  board  of  registers,  §  1076 61 

messengers  for  election  returns,  §   1172 97 

presidential  electors,  §  1176 Ill 

special  policemen,  §   1129 87 

voting  machine  commissioners,  §  1137-alO 99 

Constables: 

election  and  term,  §  1073 10 

to  attend  at  place  of  election,  §§  1126,  1127 87 

Constitutional  Amendments: 

proposed,  form  of  ballot  for,  §  1106 74 

proclamation  of  submission,  §  57 4 

submission  at  general  election,  §  56 75 

submission  at  special  election,  §  58 76 

separate  ballot  for,   §   1137-a27 103 

Contests: 

See  Contested  Elections. 

Contested  Elections: 

city  or  town  officers,  method  of  procedure,  §  678 124 

county  officers,  §§   1201-1223 120-124 

governor  and  lieutenant  governor,  §§  1239-1245 115, 116 

grounds  for,  §  1198 113 

incumbent  defined,  §  1199 114 

preservation  of  ballots,  §  1143 90 

presidential  electors,   §§  1246-1249 117, 118 

certificate  of  election  withheld,  §  1168 Ill 

provisions  applicable,  §  1250 114 

recanvassing  of  vote,  §§  1087-al8,  1143 43, 114 

seats  in  general  assembly,  §§  1233-1238 116, 117 

setting  aside  election,  when  grounds  sufficient  for,  §  1200 114 

state  officers,  §§  1224-1232 118-120 

withholding  certificate  of  election,  §  1219 114 

Contributions:       * 

See  Political  Contributions. 
Conventions: 

nominations  by,  authorized,  §  1098 53 

vacancies  in,  filling  of,  §  1102 56 

under  caucus  system,  provisions  relative  to   illegal  voting  not 

applicable  to,   §  4919-d 132 

See  also  County  Conventions;  District  Conventions;  District  Ju- 
dicial Conventions;  State  Conventions;  State  Judicial 
Conventions. 


INDEX  143 

Corporations:  Page 

political  contributions  by,  prohibited,  §  1641-h 124 

soliciting  of  contributions   from   prohibited,   penalty,    §§    1641-i 

1641-k    125 

County  Auditor: 

absent  voters'  law,  duties,  §§  1137-d-1137-i 104-107 

penalty  for  violation,   §   1137-n 109 

abstract  of  result  of  state  canvass  forwarded  to,  §  1162 95 

returns  filed  with,  §  1087-al9 41 

votes  forwarded  to  secretary  of  state,  §§  1157,  1171 94,  97 

appointment,  members  of  election  board,  when,  §  1093 70 

blank  nomination  papers  to  be  furnished  by,  §  1087-all 30 

call  for  district  convention  filed  with,  §  1087-a26 49 

certificates    of   nomination    and    nomination    papers    filed    with, 

§  1104  56,  57 

objections  to,  §  1103 54 

certified  list  of  delegates  to  county  convention  and  members  of 

county  central  committee,  §  1087-a25 48 

certified  lists  of  voters  and  party  affiliation  to  primary  election 

board,   §   1087-a7 39 

contested  election  of  county  officers,  duties,  §§  1202-1210 120-122 

convention    for   election    of   county    superintendent   of   schools, 

duties,  §  1072 ' 7 

district  judicial  convention,  duties,  38  G.  A.,  ch.  63,  §  3 59 

duplicate  abstracts  of  votes  filed  with,  §§  1151,  1153 93 

election  and  registration  supplies  provided  by,  §§  1087-al6,  1132.37,71 

filing  and  recording  origmal  returns,  §§  1087-a21,  1154 43,  93 

messenger  for  delayed  returns,  §  1148 92 

nominations  certified  to,  §§  1087-al2,  1087-a23,  1105 33,  45,  72 

list  of  published,  §   1112 79 

papers  to  be  filed  with,  §  1087-alO 30,  31 

notice  of  primary  election  published,  §  1087-al2 34 

number  of  delegates  to  county  conventions  filed  with,  §  1087-a25 .       47 
order  on  primary  ballot  designated,  for  certain  offices,  §  1087-al3       36 

poll  books   preserved   by,    §§    1087-a7,    1145 39,91 

printing  and  distributing  of  ballots,  §§   1087-al3,  1107,  1109.35,36,76 

of  card  of  instructions,  §  1111 78 

recording  of  party  affiliation,  §  1087-a8 39 

sample  ballots  distributed  by,  §  1087-al5 36 

sealed  ballots  delivered  to,  §  1087-al7 41 

statement  of  election  expenses  filed  with,  §§  1137-al,  1137-a3 112 

showing  grounds  for  recount  of  ballots  filed  with,  §  1087-al8       42 

supply  of  ballots  in  reserve,  §  1110 78 

withdrawal  of  nomination  filed  with,  §  1101 55 

County  Board  of  Canvassers: 

See  Board  of  Supervisors. 
County  Board  of  Education: 

election  and   term,   §   1072 7,  8 


144  INDEX 

County  Central  Committee:  Page 

members  of,  election,  term,  organization,  §  1087-a25 47,  48 

vacancies,  how  filled,  §  1087-a25 •  48 

vacancies  in  district  central  committee  filled  by,  38  G.  A.,  ch. 

63,  §   3 59 

County  Conventions: 

delegates,  elected  at  primary  election,  §§  1087-al,  1087-a25 28,  47 

to  district  judicial  convention  elected,  38  G.  A.,  ch.  63,  §  3. .  59 

to  state  and  district  conventions  selected,  §  1087-a25 49 

to  state  judicial  convention  elected,  38  G.  A.,  ch.  63,  §  2 58 

district  central  committeemen  selected,  38  G.  A.,  ch.  63,  §  3 58 

for  election  of  county  board  of  education,  §  1072 7,  8 

of  county  superintendent  of  schools,  §  1072 6 

member  of  district  central  committee  elected,  §  1087-a25 '. .  49 

nominations  of  candidates  made,  when,  §  1087-a25 48 

organization  of,  §  1087-a25 48 

vacancies  in  nomination  filled,  when,  §  1087-a24 46 

when  held,  number  of  delegates,  §  1087-a25 47 

County  Officers: 

See  Officers,  County. 

County   Superintendent  of  Schools: 

election  of  by  convention,  term,  §  1072 6,  7 

Counties: 

returns  from,  messengers  sent  for,  §  1158 94 

Death  of  Absent  Voter: 

effect,  §   1137-1 109 

Declaration  of  Election: 

by  county  canvassers,  §  1152 93 

See  also  Proclamation. 

Definitions: 

candidate,  §  1087-al8 43 

city  election,  §  1089 68 

general  election,  §  1089 68 

incumbent,   §   1199 114 

political  party,  §  1087-a3 28 

primary  election,   §   1087-a2 28 

special  election,  §  1089 68 

Delegates: 

city  convention,  §  1087-a34 52 

county  conventions,  elected  at  primary  election,  §  1087-al 28 

number,  manner  of  voting  for,  term,  §  1087-a25 47 

district  judicial  convention,  selection  of,  38  G.  A.,  ch.  63,  §  3 59 

party  convention,  tie  vote,  how  determined,  §  1087-a24 45 

state  and  district  conventions,  selection  of,  §  1087-a25 49 

state  judicial  convention,  38  G.  A.,  ch.  63,  §  2 58 

District  Central   Committee: 

call  for  district  convention  issued  and  published,  §  1087-a26....  49 

district  judicial  convention  issued,  38  G.  A.,  ch.  63,  §  3 59 

selection  of  members  of,  and   filling  of  vacancies,   §    1087-a25, 

38  G.  A.,  ch.  63,  §  3 49,  58,  59 


INDEX  145 

District  Convention:  Page 

adoption  of  party  platform,  §  1087-a26 50 

delegates  to,  selection  of,  §  1087-a25 49 

issuance  of  call,  when  held,  organization,  §   1087-a26 49,50 

nominations  made  at,  §  1087-a26 50 

vacancies  in,  §  1087-a24 46 

District  Judicial  Convention: 

candidates  for  office  of  judge  of  district  court  nominated,  38  G. 

A.,  ch.  63,  §  3 59 

delegates,  organization  and  procedure,  38  G.  A.,  ch.  63,  §  3 59 

time  of  convening,  38  G.  A.,  ch.  63,  §  3 59 

See  also  Judges  of  the  District  Court. 

Elections: 

ballot  boxes,  number  and  use  of,  §  1130 71 

challenge  of  voters,  §   1115 80 

laws  applicable  to  use  of  voting  machines,  §  1137-a27 103 

to  voting  by  absentees  and  disabled  persons,  §  1137-m 109 

method  of  conducting,  violation  of  provisions  relative  to,  §§  1128, 

1133  85,  87 

new  registry  of  voters  required,  when,  §  1084 66 

order  of  tickets  on  ballot,  how  designated,  §  1105 72 

participated  in  by  women,  §  1131 84 

places  for  holding,   §   566 68 

change  of,  §  566 68 

poll  books,  county  auditor  to  furnish,  §  1132 71 

polls  and  polling  places,  equipment  of,  §  1113 70 

provided  by  certain  officers,  §  1113 70 

time  of  opening  and  closing,  §  1096 .- 79 

precincts,  what  constitutes,  §  1090 68 

preserving  order  at,  §  1127 87 

proclamation  of  governor,   §   1061 3 

of  result,  §  1142 90 

publicity  of  election  expenses  required,  §  1137-al-1137-a4 111,112 

registration  of  voters,  supplies  for,  county  auditor  to  furnish, 

§  1132 72 

results  determined,  §§  1169,  1170 97 

notice  of,  §  1147 : 92 

posted,  township,  city  and  town  officers,  §  1147 92 

right  of  suffrage,  Const.,  Art.  2,  §§  1-5 1 

setting  aside,  §§  1140,  1200,  1220 89, 114, 123 

vacancies,  filling  of,  §§  1278,  1279 27,  28 

voting  to  be  by  ballot,  Const,  Art.  2,  §  6,  §  1097 1, 72 

See  also  Absent  Voters'  Law;  City  Election;  Contested  Elec- 
tions; General  Elections;  Municipal  Elections;  Primary 
Elections;  Returns;  School  Elections;  Special  Elec- 
tions; Town  Elections;  Voting. 

Elections,  Municipal: 

See  Municipal  Elections. 

^W-'A   •'..• 

10 


146  INDEX 

Electioneering:  Page 

within  100  feet  of  polling  places  prohibited,  §§  1124,  1134 84,85 

Election  Board: 

delivery  of  election  ballots  to,  §  1137-al8 100 

how  constituted,   §   1093 ,=,  * .       69 

number  of  members,  compensation,   §  1093 69,  70 

See  also  Clerks  of  Election;   Election  Officers;  Judges  of  Elec- 
tion. 

Election  Book: 

abstracts   and   certificates   recorded    in   by   secretary   of   state, 

§   1087-a23    45 

record  of  state  canvass  in,  by  secretary  of  state,  §  1164 96 

by  county  auditor,  §  1162 95 

Election  Day: 

registration  of  voters  on,  §  1082 65 

Election  Expenses: 

booths  and  guard  rails,  §  1129 87 

compensation  of  messengers  for  election  returns,  §  1172 97 

municipal  primary  election,   §   1087-a34 52 

printing  and  distributing  ballots  and  cards  of  instruction,  §  1129       87 

special  policemen,  §  1129 87 

See  also  Statement  of  Expenses. 

Election  Offenses. 

See   Bribery   and    Corruption    in   Elections;    Election    Officers; 
Penalties. 

Election  Officers: 

assistance  to  voter  upon  request,  §  1118 82 

bribery  of,   §   4925 128 

constable,  to  attend  place  of  election,  §§  1126,  1127 87 

deceiving  voter  as  to  ballot,  penalty,  §  4923 128 

failure  to  return  poll  books,  penalty,  §  4930 130 

making  false  entries,  destroying  ballots,  etc.,  §  4927 129 

official    neglect    or    misconduct,    penalty,     §§     1087-a31,     1137, 

4929     52,  86, 129 

special  policemen,  appointment,  §  1125 86 

to  preserve  order,  §  1127 87 

See  also  Clerks  of  Election;  Judges  of  Election;  Election  Board. 

Election  Returns: 

delivered  to  county  auditor,  §  1087-al7 41 

Election  Supplies: 

See  Supplies,  Election;   Elections.  [ 

Electors: 

See  Voters;  Absent  Voters'  Law. 

Electors  of  President  and  Vice  President: 
See  Presidential  Electors. 

Employer: 

intimidating  employe  or  attempting  to  influence  vote,  §  1123. ...       86 


INDEX  147 

Employe:  Page 

voting,  time  allowed  for,  §  1123 8S 

Errors: 

in   certificates   of  nomination   or   nomination   papers,   how  cor- 
rected,  §   1104 57 

Expenses: 

See  Election  Expenses;  Statement  of  Expenses. 

Executive  Council: 

See  State  Board  of  Canvassers. 

General  Assembly: 

canvass  of  votes  for  governor  and  lieutenant  governor,  §  30-a. .       95 
contest  as  to  election  of  governor  or  lieutenant  governor,  pro- 
cedure by,  §§   1239-1245 115, 116 

contesting  election  for  seat  in,  §§  1233-1238 116, 117 

speaker,  certain  abstracts  of  votes  forwarded  to,  §  1157 94 

submission   of  constitutional   amendment    at    special    election, 

§    58    76 

General   Election: 

laws  relative  to,  applicable  to  election  of  judges,  38  G.  A.,  ch. 

63,   §  7 60 

notice  of  published  or  posted,  §  1062 4 

submission  of  proposed  constitutional  amendment  at,  §  56 75 

term  defined,  §  1089 68 

United  States  senators  to  be  elected  at,  §  1087-c 29 

when  to  be  held,  Const.,  Art.  2,  §  7,  §  1087-c 2,  3 

See  also  Elections;   Municipal  Elections. 

Governor: 

appointment  voting  machine  commissioners,  §  1137-a9 98 

certificates  of  election,  issuance  of,  §§  1165,  1166 96,  97 

issuance  of,  to  presidential  electors,  §  1168 Ill 

certifying  result  of  election  by  presidential  electors,  §  1175 Ill 

proclamation,  general  election,  §  1061 3 

proposed  constitutional  amendment,  §  57 4 

special  election,  §  58 76 

special  election,  calling  of,  §  1279 28 

vacancy  in  office  of  U.  S.  senator  filled,  when,  37  G.  A.,  ch.  401, 

§  2,  as  amended  by  38  G.  A.,  ch.  215 29 

See  also  Proclamation. 

Governor  and  Lieutenant  Governor:  | 

canvass  o£  votes  for,  §  30-a 95 

Guard  Rail: 

construction  of,  when  voting  machines  are  used,  §  1137-a20 102 

Independent  Ballots: 

return  of  by  judges  of  election,  §  1137-a25 103 

what  constitutes,   §    1137-al9 101 

See  also  Ballots. 
Instructions  to  Voters:  , 

printing  of  card,  §  1111 78 

See  also  Card  of  Instructions. 


148  INDEX 

Page 
Judges  of  the  District  Court: 

certification  of  nominations,  38  G.  A.,  ch.  63,  §  4 59 

election  and  term,  §  1069,  38  G.  A.,  ch.  63,  §  3 : 6,  59 

nomination,  at  district  judicial  convention,  38  G.  A.,  ch.  63,  §  3. .  59 

laws  applicable,  38  G.  A.,  ch.  63,  §  7 60 

nomination,  by  petition,  38  G.  A.,  ch.  63,  §  6 60 

See  also  District  Judicial  Convention. 

Judges  of  Election:  j 

appointment  special  officers,  when,  §§  1125,  1126 87 

arrest  of  disorderly  persons,  §  1128 85 

authorized  to  administer  oaths,  §  4919-c 131 

ballots,  defective  and  disputed  disposed  of,  §§  1139,  1142 89,90 

delivered  to,  §§  1107,  1110 76,  77 

deposited  in  ballot  boxes,  §  1117 81 

furnished  to  voter,  §§  1114,  1116,  1121 80,  81,  83 

return  of,  §§  1141,  1142 89,  90 

samples  posted,  §§  1087-al5,  1112 36,  79 

of  absent  voters,  delivered  to,  §  1137-i 107 

of  absent  voters,  deposited  by,  §  1137-j 108 

canvass  of  votes  by,  §§  1056-b5,  1138,  1140 26,  88,  89 

for  delegates  to  county  convention  and  members  of  county 

central  committee,  §  1087-a25 48 

for  U.  S.  senator  and  president  and  vice  president,  §  1106. . .       73 

when  voting  machines  used,  §§  1137-a24,  1137-a25 103 

cards  of  instructions  furnished  to,  §  1111 79 

posting  of,  §  1112 79 

certificates  of  election  for  precinct  offices  issued,  §  1138 89 

challenge  of  voter,  duties,  §§  1115,  1137-k 80, 109 

counting  and  sealing  of  ballots  at  primary  election,  and  making 

returns,  §  1087-al7 40,41 

designation  of  election  officers  to  assist  voters,  §  1118 82 

electors  instructed  in  use  of  voting  machine,  §  1137-a22 102 

illegally  receiving  or  rejecting  votes,  penalty,  §  4928 129 

lists  of  voters  delivered  to,  §  1080 64 

members  of  election  board,  §  1093 69 

poll  books  returned,  §  1145 91 

primary  elections  in  cities  under  commission  form  of  govern- 
ment, duties,   §   1056-a21 , 16, 19 

results  of  election  announced,  §  1142 90 

returns  of  election  made  by,  §§  1087-al7,  1144 41,  91 

selection,  oath,  compensation,  §§  1056-b5,  1087-a5,  1094,  1095... 

26,  37,  79,  80 

separate  ballot  box  for  vote  on  township  assessor,  duties,  §  1130      71 

substituting  name  of  new  nominee  on  ballot,  §  1108 77 

tie  determined,  when,  §  1087-a24 45 

treating  near  the  polls  prohibited  by,  §  1137-a5 113 

vacancy  in  office,  how  filled,  §  1093 70 

violation  of  provisions  in  re  registration  of  voters,  penalty,  §  1087       67 


INDEX  149 

Page 

voting  machine,  duties  regarding  use  of,  §  1137-al9 101 

locked  by,  §   1137-a25 103 

protected  from  injury,  §  1137-a23 102 

written  statements  of  election,  §  1137-a26 '. .     103 

See  also  Clerks  of  Election;  Election  Board;  Election  Officers. 
Judges  of  the  Superior  Court: 

nomination  and  election,  38  G.  A.,  ch.  63,  §§  5,  6 60 

laws  applicable,  38  G.  A.,  ch.  63,  §  7 60 

Judges  of  the  Supreme  Court: 

certification  of  nominations,  38  G.  A.,  ch.  63,  §  4 59 

election,  at  general  election,  38  G.  A.,  ch.  63,  .§  2 58 

term,  §  1066 5 

nomination,  at  state  judicial  convention,  38  G.  A.,  ch.  63,  §  2 .       58 

by  petition,  38  G.  A.,  ch.  63,  §  6 60 

and  election,  laws  applicable,  38  G.  A.,  ch.  63,  §  7 60 

See  also  State  Judicial  Convention. 
Judicial  Conventions: 

See  District  Judicial  Conventions;   State  Judicial  Conventions. 
Justices  of  the  Peace: 

election  and  term,  §  1073 10 

Lieutenant  Governor: 

contesting  election  of,  §§  1239-1245 115, 116 

List  of  Voters: 

board  of  registers  to  prepare,  §  1079 64 

Marshal: 

in  cities  under  special  charter,  election,  §  938 14 

Mayor: 

polling  places  provided  by,  §   1113 70 

publication  of  notice  for  registration  of  voters,  §  1085 62 

Messengers: 

for  abstracts  of  votes,  §  1158 94 

for  delayed  election  returns,  §§  1087-al7,  1087-a22,  1148 41,44,92 

compensation,   §   1172 97 

Misdemeanor: 

See  Bribery  and  Corruption  in  Elections;  Penalties. 
Municipal  Elections: 

bribery  and  corruption  in  cities  under  commission  form  of  gov- 
ernment, §§  1056-a23,  1056-a31 20 

in  cities  under  manager  plan,  §  1056-b6 26 

city  manager  not  to  influence,  §  1056-b20 27 

conduct  of,  in  cities  under  commission    form    of    government, 

§  1056ra21   16 

in  cities  under  manager  plan,  §§  1056-b5,  1056-b6 26 

in  cities  under  special  charter,  §  936 13 

date  and  manner  of  conducting,  voting  places,  §  642 11 

voting  by  women,  §   1131 84 

See  also  City  Elections;   Elections;   General  Election;   Primary 
Elections. 


150  INDEX 

Newspapers:  Page 

political  advertisements   in,   §   4931-a 130 

Nominations: 

by  convention,  authorized,  §  1098 53 

certificates  of  nomination,  contents,  §  1099 54 

by    petition,    for    elective    offices,    cities    under    manager    plan, 

§  1056-b4   25 

judges  of  the  supreme,  district  and  superior  courts,  38  G.  A., 

ch.  63,  §  6 60 

not  prohibited  under  primary  election  provisions,  §  1087-a29.  53 

number  of  signatures  required,  §  1100 55 

certified  to  county  auditor,  §§  1087-al2,  108?-a23,  1105 33,45,72 

elective  offices,  cities  under  commission  form   of  government, 

§   1056-a21    16 

list  of,  prepared  by  state  canvassing  board,  §  1087-a22 44 

published,  §   1112 79 

municipal  primary  elections,  §  1087-a34 51 

of  candidate  by  more  than  one  party,  procedure,  §  1106" 73 

of  judges  certified  to  secretary  of  state,  38  G.  A.,  ch.  63,  §  4 59 

laws  applicable  to,  38  G.  A.,  ch.  63,  §  7 .60 

of  district  court,  38  G.  A.,  ch.  63,  §  3 59 

of  superior  court,  38  G.  A.,  ch.  63,  §  5 60 

of  supreme  court,  38  G.  A.,  ch.  63,  §  2 58 

to  fill  vacancies  in  certain  cities,  §  937 14 

United  States  senators,   §   1087-c 29 

vacancies  in,  how  filled,  §§  1087-a24,  1102 45,  46,  56 

United  States  senator,  §  1087-a24a 47 

printing  of  ballots,  §  1108 77 

substitution  on  ballot,  §  1108 77 

when  made  at  county  conventions,  §  1087-a25 48 

at  district  conventions,  §  1087-a26 50 

at  primary  election,  §  1087-al 28 

at  state  conventions,  §  1087-a27 51 

withdrawal  of,  §  1101 55 

See  also  Candidates;  Nomination  Papers;  Primary  Elections. 

Nomination  Papers: 

correction  of  errors,  §  1104 57 

destruction  of,  §  1087-alO 33 

forgery  of,  penalty,  §  1136 130 

form,  §  1087-alO 31 

objections  to,  §  1103 54 

open  to  public  inspection,  §  1104 57 

printing  of  blanks,  §  1087-all 30 

requirements  as  to  signatures,  §  1087-alO 31-33 

time  and  place  of  filing,  §§  1087-alO,  1104 30,  31,  56 

See  also  Candidates;  Nominations;  Primary  Elections. 

Notice: 

of  boundary  of  precincts  published,  §  1092 69 

of  change  of  place  for  holding  election,  posting  of,  §  566 68 


INDEX  151 

Page 

of  general  election,  §  1062 4 

of  primary  election,  §  1087-al2 34 

of  result  of  election  of  township,  city  and  town  officers,  §  1147...       92 

of  special  elections,  §§  1063,  937 4, 14 

times  and  places  for  registering  voters,  publication  of,  §  1085..       62 
Oath: 

judges  and  clerks  of  election,  §  1094 79 

how  administered,  §  1095 80 

judge  of  election  may  administer,  §  4919-c 131 

tendered  to  applicant  for  registration,  §§  1077,  1081 62,  63,  65 

voter  when  challenged,  §§  1087-a9,  1115 40,  80 

Objections: 

to  certificates  of  nomination  or  nomination  papers,  §  1103 54 

Officers: 

board  of  supervisors,  election  and  term,  §  411 9 

cities  and  towns,  assessor,  term,  §  650 ; 13 

contesting  election  of,  §  678 124 

councilmen,  election  and  term,  §  646 11, 12 

qualifications,  term,  §§  643,  644,  650 11, 13 

cities  of  the  first  class,  elective,  §  647 12 

of  the  second  class,  elective,  §  648 13 

under    commission    form    of    government,    elective,    term, 

§  1056-a20   16 

under  manager  plan,  elective,  term,  §  1056-b3 23-25 

under  special  charter,  assessors,  §  939 15 

marshal  and  policemen,  §  938 14 

what  offices  may  be  elective,  §  940 15 

county,  contested  elections  of,  §§  1201-1223 120-124 

election  and  term,  §  1072 6 

elected  to  fill  vacancies,  §§  1277,  1278,  1279 27,  28 

election  and  term,  §  1060 4 

judges  of  district  court,  §  1069 6 

railroad  commissioners,  §  1068 6 

representatives  in  general  assembly,  §  1070 i 

senators  in  general  assembly,  §  1071 6 

state,  contesting  election  of,  §§.  1224-1232 118-120 

election  and  term,  §  1065 4 

superintendent  of  public  instruction,  election  and  term,  37 

G.  A.,  ch.  318,  §  1 5 

towns,   elective,    §    649 18 

township,  clerk  and  assessor,  election  and  term,  §§  1075,  565 10 

justices  and  constables,  election  and  term,  §  1073 10 

trustees,  election  and  term,  §§  1074,  1074-a 9, 10 

when  new  township  is  created,  §  1074-a 10 

when  successors  chosen,  §  1059 4 

Official   Ballot: 

method  of  printing,   §   1109 77 

order  of  tickets  on  designated  by  secretary  of  state,  §  1087-a23      45 
See  also  Ballots;  Independent  Ballots;   Sample  Ballots. 


152  INDEX 

Park  Commissioners:  Page 

in  cities  under  special  charter,  election  and  term,  §  991 15 

Party  Affiliation: 

change  of,  §  1087-a8 39 

grounds  for  challenge,  §  1087-a9 40 

first  declaration  of,  record,  §§  1087-a7,  1087-a8 38,  39 

Party  Committee: 

chairman  to  file  statement  of  receipts  and  expenditures,  §  1137-a3     112 

failure  to  do  so,  penalty,  §  1137-a6 113 

vacancies  in  nominations   filled,  when,   §§   1087-a24,  1102 46,56 

See  also  County  Central  Committee;   District  Central  Commit- 
tee;  State  Central  Committee. 

Party   Committeemen: 

candidate  not  required  to  file  nomination  papers,  §  1087-alO...       31 

challengers  appointed,   §   1087-a9 40 

See  also  Party  County  Committeemen. 

Party  County  Committeemen: 

elected  at  primary  election,  §§   1087-al,   1087-a25 28,47 

tie  vote,  how  determined,  §  1087-a24 45 

Party   Platforms: 

adoption  of,   §§   1087-a26,  1087-a27 50,51 

Penalties: 

bribery  and  illegal  voting,  §§  1056-a23,  1056-b6 20,26 

defacing  posted  lists,  cards,  ballots,  etc.,  §  1135 86 

employer  intimidating  employe,  §  1123 86 

failure  of  voter  to  surrender  unused  ballot,  §  1117 81 

illegal  voting  at  primary  election,  §  4919-a 131 

influencing  election   or   making   contributions,   by   certain   mu- 
nicipal    officers,     §§     1056  -  a31,     1056 -a32,     1056 -bll, 

1056-b20    20,  21,  27 

interference  with  voters,  §§  1128,  1134 85 

neglect  or  misconduct  of  election  officials,  §§  1087-a31,  1137 52,86 

promise  of  position  or  influence,  by  candidates,  §§  1134-a-1134-c      88 

treating  at  or  near  polling  place,  §  1137-a6 113 

violation  of  certain  provisions,  §  1133 87 

provisions  of  absent  voters'  law,  §  1137-n 109 

violation  of  provisions  in  re  political  contributions  from  corpo- 
rations, §  1641-k 125 

in  re  registration  of  voters,  §  1087 67 

See  also  Bribery  and  Corruption  in  Elections;  Election  Offenses. 
Petition: 

filed  by  candidates   for   certain   municipal   offices,   §§    1056-a21, 

1056-b4    17,  25 

nominations  by,  §  1100 55 

for  judicial  offices,  38  G.  A.,  ch.  63,  §  6 60 

See  also  Nominations. 


INDEX  153 

Political  Contributions:  Page 

corporations     prohibited     from     making,     penalty,     §§     1641-h, 

1641-k 124, 125 

solicitation  from  corporations  prohibited,  penalty,  1641-i,  1641-k    125 
See  also  Statement  of  Expenses. 

Political   Party: 

agreement  to  work  for  on  election  day  prohibited,  §§  4915,  4916     126 

candidates  nominated  at  primaries,  §  1087-al 28 

contracts  to  convey  voters,  §  4917 126 

term  defined,  §  1087-a3 28 

Poll  Books: 

county  auditor  to  provide,  form,  §§  1087-al6,  1132. 37,  71 

destruction,   §§   1087-a7,  1145 39,  91 

entry  of  voter's  name  in,  §  1116 81 

absent  or  disabled  voters,  §  1137-j 108 

failure  of  election  officials  to  deliver,  penalty,  §  4930. 130 

return  of  and  preservation,  §§  1087-a7,  1087-al7,  1145 39,  41,  91 

returns    entered,    §    1144 91 

Polling  Places: 

arrest  of  disorderly  persons  at,  §  1128 85 

card  of  instructions  posted  in,  §  1112 79 

challengers  at,  §  1087-a9 40 

designated  and  provided  by  certain  officers,  §  1113 70 

electioneering  not  allowed  within  100  feet  of,  §§  1124,  1134 84,  85 

equipment  of,  guard  rail,  §  1113 ' 70 

for  country  precincts,   §§   1091,   1113 69,71 

opening   and    closing,    time    of,    §§    1087-a6,    1096 38,79 

persons  allowed  at,  §§  1124,  1134 84,  85 

sample    ballots,    §    1112...-..' , 79 

for  voting  machines,  §  1137-al6 100 

treating  not  permitted  at  or  near,  §  1137-a5 113 

penalty,    §    1137-a6 113 

voting  booths,  §  1113 70 

machines,  §§  1137-al3,  1137-al9,  1137-a20 100, 101, 102 

See  also  Election  Precincts;  Precincts. 

Precincts: 

boundaries,  change  in,  §  1090 68 

notice  of,  published,  §  1092 69 

poll  books  supplied,  §  1132 71 

polling  places  for,  in  country  districts,  §§  1091,  1113 69,  71 

returns  from,  canvassed,  §  1146 91 

messengers  sent  for,  §  1148 92 

township,  membership  of  election  boards,  §  1093 70 

what  constitutes,  §  1090 68 

See  also  Election  Precincts;  Polling  Places. 

Precinct  Committeemen: 

city,  election  of,  §  1087-a34 52 

President  and   Vice   President: 

candidates  for,  names  to  be  printed  on  ballot,  §  1106 72 

votes  for,  how  canvassed,  §  1106 73 


154  INDEX 

Presidential  Electors:  Pag.> 

candidates  for  office  of  to  be  nominated  at  primary,  §  1087-al ...       28 

certificates  of  election,  §§  1173,  1168 110,  111 

compensation,   §   1176 Ill 

contesting  election  of,  §§  1168,  1246-1249 Ill,  117, 118 

election  of  president  certified  by  governor,  §  1175 Ill 

how  and  when  chosen;  number;  qualifications,  §  1173 110 

meeting,  §§  1168,  1174,  1175 Ill 

names  of  candidates  for,  not  to  be  placed  on  ballot,  §  1106 72 

separate  ballot  for  women,  §   1106 75 

substitutes  chosen,  §  1174 Ill 

vote  for,  how  cast;  canvass  of  vote,  §  1173 110 

women  may  vote  for,   §   1173 110 

Primary   Election: 

Australian  ballot  to  be  used,  §  1087-a6 38 

authorized,  §  1087-al '. 28 

ballots,  counting  and  making  returns  thereof,  §  1087-al7 40,41 

recount,    §    1087-al8 42 

form,  preparation  of,  §§  1087-al2,  1087-al4 33-35 

printing  of,  §  1087-al3 35,  36 

bribery  and  illegal  voting,  §§  1087-a33,  4919-a-4919-c 127, 131 

candidates  to  be  nominated  at,  §  1087-al 28 

canvass  of  returns  by  county  board,  §§  1087-al8-1087-a21 41-43 

by  state  board,    §§    1087-a22,   1087-a23 44,45 

challenges,  §§  1087-a9,  4919-c 40, 132 

delegates  to  county  convention,  election  of,  §  1087-a25 47 

expenses  of,  §§  1087-a5,  1087-a34 37,  52 

judges  and  clerks,  appointment  and  filling  of  vacancies,  §  1087-a5       37 
laws  relative  to,  applicable  to  nomination  of  judges,  38  G.  A., 

ch.   63,   §   7 60 

list  of  voters  and  party  affiliation,  §§  1087-a7,  1087-a8 39 

manner  of  voting,  §  1087-a6 38 

nomination  by  petition  not  prohibited,  §  1087-a29 53 

candidates,  in  certain  cities,  §§  1056-a21,  1087-a34 16-19,  51 

papers,  blank,    §   1087-all 30 

papers,  filing  of,  §  108.7-alO 30-33 

certified  to  county  auditor,  §§  1087-al2,  1087-a23 33,45 

notice  of,  published,  §  1087-al2 34 

polls,  opening  and  closing,  §  1087-a6 38 

poll  books  and  supplies  furnished,   §   1087-al6 37 

provisions   not   applicable   to   special    election    to    fill   vacancy, 

§  1087-a30 53 

statutes  made  applicable,  §  1087-al 29 

term  defined,   §   1087-a2 28 

vacancies    in   nominations,    as    result   of   tie    vote,    how    filled, 

§  1087-a24    45,  46 

when  and  where  held,  §  1087-a4 29 

municipal,   §§   1087-a34,  1056-a21 52, 16 

See  also  Absent  Voters'  Law;    Candidates;    Elections;    Nomina- 
tions;  Nomination  Papers. 


INDEX  155 

Primary    Election    Board:  Page 

record  of  party  affiliation,  §  1087-a7 . . 39 

Printing: 

ballot  for  constitutional  amendments,  §  1106 75 

general  and  municipal  elections,  §§  1107,  1109 76 

for  primary  elections,  §  1087-al3 35,36 

for  voting  machines,  §  1137-al5 100 

card  of  instructions,   §    1111 78 

nomination   papers,    §    1087-all 30 

See  also  Ballots. 

Proclamation: 

general  election,  §  1061 3 

primary  election,  §  1087-al2 34 

proposed  constitutional  amendment,  §  57 4 

result  of  election  announced  by  judges,  §  1142 90 

special  election,  §  58 76 

See  also  Declaration  of  Election;  Governor. 

Publication: 

call  for  district  convention,  §  1087-a26 49 

district  judicial  convention,  38  G.  A.,  ch.  63,  §  3 59 

list  of  nominations,   §   1112 79 

notice,  boundaries  of  precincts,  §  1092 69 

primary  election,  §  1087-al2 34 

registration  of  voters,  §  1085 62 

proceedings,  county  board  of  canvassers,  §  1087-a21 43 

Railroad  Commissioners: 

election  and  term,   §   1068 6 

Recall: 

elective  officers  in  cities  under  commission  form  of  government, 

§  1056-a36 21 

Registers: 

appearance  and  hearing  before,  §  1081 65 

applicant  registered  at  his  residence,  when,  §  1081 65 

appointment,  qualifications,  term,  compensation,  §  1076 61 

certifying  list  of  registrants  who  have  changed  residence,  §  1083  66 

list  of  voters  prepared,  §  1079 64 

delivered  to  judges  of  election,  §  1080 64 

meetings  for  registration,  §  1077 62 

on  election  day,  §  1082 65 

new  registry  of  voters  prepared,  §  1084 66 

records  deposited  with  city  clerk,   §   1086 . . .  .• 67 

session  for  correction  of  registry  book,  §  1080 64 

violation   of  provisions    in   re   registration   of   voters,    penalty, 

§  1087  67 

See  also  Registration  of  Voters. 

Registration  Districts: 

consolidation  of  voting  precincts  into,  §  1076 61,  62 


156  INDEX 

Registration  of  Voters:  Page 

absent  or  disabled  voter,  §  1137-j 108 

appearance  and  hearing  before  registers,  §  1081 65 

at  their  residence,  §  1081 65 

change  of  residence,  how  adjusted,  §  1083 66 

correction   of   registry;    lists    delivered    to   judges   of   election, 

§  1080  64 

list  of  voters  posted,  §  1079 64 

meetings  of  registers,  §§  1077,  1080 62,  64 

on  election  day,    §    1082 65 

new  registry  taken  in  years  of  presidential  election,  §  1084 66 

not  required  for  school  elections,  §  1078 64 

penal  provisions,  §§  1087,  4931 67, 130 

publication  of  notice,   §    1085 62 

records  filed  with  city  clerk,  §  1086 67 

registers,  appointment,  duties,  etc.,  §§  1076,  1078 61,64 

registration  districts,   §   1076 61,  62 

required  in  cities  of  6,000  or  more,  §  1076 61 

statement  signed  by  applicant,  §§  1077,  1078 62-64 

supplies  for,  provided  by  county  auditor,  §  1132 72 

women,  required  when,  §  1131 84 

See  also  Registers;  Registry  Book. 

Registry  Book: 

correction  of,  §  1080 64 

county  auditor  to  furnish,  §  1132 72 

custody  of,  §§  1078,  1086 64,  67 

form  and  expense  of  furnishing,  §  1077 62,  63 

preparation  of  new  ones,  §  1084 66 

preservation  of,  §  1145 91 

Removal  of  Officers: 

in  cities  under  commission  form  of  government,  §  1056-a36 21 

Representatives  in  Congress: 

certificate  of  election,  §  1166 97 

special  election  to  fill  vacancy  in  office  of,  §  1279 28 

Representatives  in  General  Assembly: 

canvass  of  votes  for,  §  1162 95 

certificate  of  election,  §§  1156,  1165 94,  96 

election  and  term,  §  1070 6 

special  election  to  fill  vacancy  in  office  of,  §  1279 28 

Returns: 

delayed,  §§  1148,  1158 92,  94 

filed  by  county  auditor,  §  1154 93 

by  judges  of  election,  §  1144 91 

original,  delivered  to  county  auditor,  §  1087-a21 43 

primary     election,     abstract     of     filed     with     county     auditor, 

§  1087-al9   41 

with  secretary  of  state,  §  1087-a23 45 

See  also  Abstract  of  Votes. 


INDEX  167 

Sample  Ballots:  Page 

distributed  by  county  auditor,  §  1087-al5 36 

for  voting  machines,  §§  1137-al6 100 

posted,  §  1112 79 

wilful  destruction  of,  penalty,  §  1135. . . 86 

See  also  Ballots. 
School  Buildings: 

use  of  for  polling  places,  §  1113 71 

School   Elections: 

not  included  in  general  provisions  relative  to  elections,  §  1088. .       68 

registration  of  voters  not  required  for,  §  1078 64 

voting  by  women,  §  1131 84 

Secretary  of  State: 

abstracts  forwarded  to,  §§  1087-a20,  1157,  1171 43,  94,  97 

duplicates,  §§  1151,  1153 93 

abstracts  and  certificates  recorded  in  election  book,  §  1087-a23.       45 

blank  nomination  papers  furnished  by,  §  1087-all 30 

certificates  of  election  issued  and  mailed,  §§  1165,  1166,  1167...  96,  97 
certificates  of  nomination  and  nomination    papers    filed    with, 

§  1104 56 

objections  to,  §  1103 54 

contested  elections,  duties: 

presidential  electors,  §§  1246-1249 117, 118 

seats  in  general  assembly,  §§  1236,  1237 117 

state  officers,  §§  1225-1228 119 

custodian  of  abstracts  of  votes,  §  1159 . . 95 

duplicate  certificate  of  election  forwarded  to,  §  1156 94 

instructions  to  voters  furnished  to  county  auditors,  §  1111 79 

list  of  candidates  for  judicial  offices  certified  to  county  auditor, 

38  G.  A.,  ch.  63,  §.  4 60 

messengers  for  delayed  returns  and  abstracts,  §§  1087-a22,  1158.44,94 
nominations  certified  to  county  auditor,   §§   1087-al2,   1087-a23, 

1105    ' 33,45,72 

for  offices  of  judges  certified  to,  38  G.  A.,  ch.  63,  §  4 59 

papers  filed  with,  §  1087-alO 30,  31 

order  of  tickets  on  ballot  designated,  §§  1087-al2,  1105 33,34,72 

original  abstract  returns  delivered  to,  §  1087-a23 45 

record  of  state  canvass,  §  1164 96 

report  of  voting  machine  commissioners  filed  with,  §  1137-alO. . .       98 

statement  of  election  expenses  filed  with,  §§  1137-al,  1137-a3 112 

withdrawal  of  nomination  filed  with,  §  1101 55 

Senators  in  General  Assembly: 

canvass  of  votes  for,  §  1162 95 

duplicate  abstract  of  votes,  §  1153 93 

certificate  of  election,  §§  1156,  1165 94,  96 

election  and  term,  §  1071 6 

special  election  to  fill  vacancy  in  office  of,  §  1279 28 

Services  for  Hire: 

penal  provisions.  §§  1056-a22,  1056-b6,  1087-a32 20,  26, 126 


158  §  INDEX 

Sheriff:  Page 

election  notices  published  or  posted,  §§  1062,  1063 4 

proclamation  of  election  forwarded  to,  §  1061 3 

Special  Elections: 

abstract  of  votes,  §§  1157,  1161 94,  95 

canvass  of  votes,  §§  1162,  1171 95,  97 

certificate  of  election,  §  1171 97 

election  boards,   §   1093 70 

vacancy,  how  filled,  §  1093 70 

notice  of,  published  or  posted,  §  1063 4 

removal,    in    cities    under    commission    form    of    government, 

§  1056-a36    21 

submission  of  proposed  constitutional  amendment  at,  §  58. 76 

term  defined,  §  1089 68 

township  officers  when  new  township  created,  §  1074-a 10 

vacancies  in  office,  filling  of: 

certificates  of  nomination  and  nomination  papers,  §§   1104, 

1105    57,  72 

council,  cities  under  special  charter,  §  937 13, 14 

elective  offices,  §  1279 28 

primary  election,  provisions  not  applicable  to,  §  1087-a30...       53 

when  to  be  held,  §  1058 3 

withdrawal  of  candidates,  §  1101 55 

See  also  Elections;  Primary  Election. 

Special  Policemen: 

compensation,   §   1129 87 

for  election  day,  §§  1125,  1127 86,  87 

State  Board  of  Canvassers: 

canvass  of  abstract  returns  from  each  county  and  certification, 

§  1087-a22   44 

canvass  of  votes  and  returns,  §§  1160,  1161,  1162 95 

abstract  of  result,  §§  1162,  1163 95,  96 

special  election,  §§  1162,  1171 95,  97 

certificates  of  election,  §§  1165,  1166 96,  97 

special  election,  §  1171 97 

executive  council  to  act  as,  §§  1087-a22,  1160 44,  95 

list  of  nominees  certified  to  state  central  committees,  §  1087-a22       44 
original     abstract     returns     delivered     to     secretary     of  state, 

§  1087-a23    45 

results  of  vote  on  constitutional  amendment  declared,  §  56 75 

tie  vote,  how  determined,  §  1169 97 

See  also  Board  of  Canvassers;  Canvass  of  Votes. 

State  Central  Committee: 

call  for  state  judicial  convention  issued,  38  G.  A.,  ch.  63,  §  2..       58 

election  of,  by  state  convention,  §  1087-a27. , 51 

See  also  Party  Committee. 


INDEX  169 

State  Convention:  Page 

adoption  of  state  party  platform,  §  1087-a27 51 

delegates  to,  selection  of,  §  1087-a25. 49 

election  of  state  central  committee,  §  1087-a27 51 

nominations  made  at,  §  1087-a27 51 

vacancies  in,  filling  of,  §§  1087-a24,  1087-a24a 46,  47 

place  and  time  of  holding,  organization,  §  1087-a27 50 

State  Judicial  Convention: 

candidate  for  office  of  judge  of  supreme  court  nominated,   38 

G.  A.,  ch.  63,  §   2 58 

delegates,  organization  and  procedure,  38  G.  A.,  ch.  63,  §  2 58 

time  and  place  of  convening,  38  G.  A.,  ch.  63,  §  2 58 

Statement  of  Candidacy: 

filed  by  candidates  for  elective  offices  in  cities  under  commission 

form  of  government,  §  1056-a21 17 

at  special  elections  in  certain  cities,  §  1056-&36 22 

Statement  of  Expenses: 

filing  of,  by  candidates,  §§  1137-al,  1137-a2,  1137-a6 Ill,  112, 113 

by  chairmen  of  party  committees,  §§  1137-a3,  1137-a6 112, 113 

by  elective  officers  in  certain  cities,  §§  1056-a32 21 

open  to  public  inspection,  §§  1137-a4 112 

See  also  Political  Contributions. 

State  Officers: 

See  Officers,  State. 

Suffrage: 

right  of,  Const.,  Art.  2,  §  1 1 

persons  excluded  from,  Const.,  Art.  2,  §  5 1 

See  also  Voting;  Women. 
Superintendent  of  Public  Instruction: 

election  and  term,  37  G.  A.,  ch.  318,  §1 5 

Supplies,  Election: 

county  auditor  to  furnish,  §  1087-al6 37 

wilful  destruction  of,  penalty,  §  1135 86 

Term  of  Office: 

board  of  registers,  §  1076 61 

supervisors,   §   411 

city  and  town  councilmen,  §  646 11, 12 

city  and  town  officers,  §  650 13 

cities  under  city  manager  plan,  §  1056-b3 23,  24 

cities  under  commission  form  of  government,  §  1056-a20. ...  16 

cities   under  special  charter,   §   940 15 

county  officers,  §  1072 

delegates  to  county  convention,  §   1087-a25 47 

judges  of  district  court,  §  1069 6 

supreme  court,  §  1066 5 

justices  and  constables,   §   1073 10 

railroad  commissioners,  §  1068 6 

representatives  in  general  assembly,  §  1070 6 


.160  INDEX 

Page 

senators   in   general   assembly,    §    1071 6 

state  officers,   §   1065 4 

superintendent  of  public  instruction,  37  G.  A.,  ch.  318,  §  1 5 

township  officers,  §§  1074,  1075 9, 10 

when  to  commence,  §   1060 4 

Tickets,  Party: 

arrangement  on  ballot,  §  1106 73-75 

Tie  Vote: 

election  determined  by  lot,  §  1169 97 

city  or  town  office,  §  679 97 

vacancy  in  nominations  caused  by,  how  filled,  §  1087-a24 45 

Town  Clerk: 

absent  voters'  law,  duties,  §§  1137-d-1137-i 104-107 

penal  provisions,  §  1137-n 109 

certificates   of   nomination   and    nomination   papers    filed   with, 

§  1104  56 

elections  in  cities  under  manager  plan,  duties,  §§  1056-b4,  1056-b5  26 

officers  notified  of  their  election,  §  1147 92 

poll  books  preserved  by,  §  1145 91 

See  also  City  Clerk. 
Town  Council: 

how  composed,  election,  term,  §§  645,  646 11, 12 

voting  machines,  purchase  of,  §  1137-a8 98 

experimental  use  of,  §   1137-al2 99 

Town  Elections: 

boundaries   of   town    to   constitute    a    precinct    for    town    elec- 
tions,   §    1090 69 

See  also  City  Elections;    Elections;    Municipal  Elections. 
Towns: 

elective  offices,  §  649 13 

officers  notified  of  election,  §  1147 92 

See  also  Cities  and  Towns. 

Townships: 

officers  notified  of  election,  §  1147 92 

Township  Assessor: 

nominees  not  to  appear  on  ballot,   when,   §   1107 76 

separate  ballots  for,  when,  §  1130 71 

Township  Clerk: 

as  clerk  of  election,  §  1093 70 

election  and  term,  §  1075. 10 

officers  notified  of  their  election,  §  1147 92 

poll  books  preserved  by,  §  1145 91 

Township  Trustees: 

as  judges  of  election,  §  1093 70 

election  and  term,  §§  1074,  1074-a 9, 10 

may  order  new  election,  when,  §  1140 89 


INDEX  161 

Page 

.places  for  holding  elections  designated,  §   566 68 

polling  places  provided  in  townships,  §  1113 70 

in  public  school  buildings,  when,  §  1113 71 

separate   ballot   boxes    provided,    §    1130 71 

Treating: 

not  permitted  at  or  near  polling  places,  §  1137-a5 113 

penalty,    §    1137-a6 113 

United  States  Senator: 

candidates,  names  to  be  placed  on  ballot,  §  1106 73 

nominated  at  primary,  §§  1087-al,  1087-c 28,  29 

canvass  of  votes,  §§  1106,  1162 73,  96 

elected  at  general  election,  §  1087-c 29 ' 

vacancy  in  nomination,  how  filled,  §  1087-a24a 47 

in  office  of,  how  filled,  37  G.  A.,  ch.  401,  §  2,  as  amended  by 

38  G.  A.,  ch.  215 29 

Vacancies: 

aldermen,  §§   937,  937-a 13, 14 

county  central  committee,  how  filled,  §  1087-a25 48 

district  central  committee,  how  filled,  38  G.  A.,  ch.  63,  §  3 59- 

election  offices,  cities  under  commission  form  of  government, 

how  filled,  §  1056-a20 16 

in  names  for  ballot,  how  filled,  §  1108 77 

judges  and  clerks  of  election,  how  filled,  §§  1087-a5,  1093 37,  70 

occurring  before  general  election,  how  filled,  §  1278 27 

special  election  to  fill,  canvass  of  votes,  §§  1157,  1161,  1162 94,95- 

filing  of  certificates  of  nomination  and  nomination  papers, 

§    1104 57 

primary  election  law  not  applicable  to,  §  1087-a30 53 

term  of  officers  elected  to  fill,  §  1277 27 

United    States   senator,  how  filled,    37   G.  A.,   ch.   401,    §    2,   as 

amended  by  38  G.  A.,  ch.  215 29" 

Vacancies   in   Nominations: 

after  printing  of  ballot,  how  substituted,  §  1108 97 

filing  of  additional  certificate  when  filled,  §  1105 72 

how  filled,  §§  1087-a24,  1087-a24a 45,  46,  47 

by  county  convention,  §  1087-a25 48 

by  district  convention,  §  1087-a26 50 

by  party  committee,   §   1102 56 

by  state  convention,  §  1087-a27 51 

Voters: 

assistance  rendered  upon  request,   §   1118 82 

ballots  delivered  to,  §§  1114,  1116 80,  81 

marking  and  depositing,  §§  1087-a6,  1117,  1119,  1120,  1121.38,81-83 

surrender  of  unused,  §   1117 81 

bribery  of,  §§  4914-4916,  1087-a33 125, 126, 127 

card  of  instructions  for,  §  1111 78 

challenging  of,  §§  1087-a9,  1115,  4919-c 40,  80, 132 

contracts   to   convey,   §   4917 126 

entry  of  names  in  poll  books,  §  1087-al6 37 

11 


162  INDEX 

Page 

free  access  to  polling  places,  §§  1124,  1134 84,  85 

improper  registry  of,  or  false  personation,  penalty,  §  4931 130 

influencing  of,  by  unsigned  advertisements,  §  4931-a 131 

interference  with,   §§   1124,   1134 84,85 

list  of  delivered  to  judges  of  election,  §  1080 64 

checking  of,  §  1080 65 

prepared  by  board  of  registers,  §  1079 64 

method  of  voting,   §   1116 81 

party  affiliation,  declaration  of,  §§  1087-a7,  1087-a8 38,  39 

change  of,  §§  1087-a8,  1087a9 39,  40 

privileged  from  arrest,  Const.,  Art.  2,  §  2 1 

from  military  duty,  Const.,  Art.  2,  §  3 1 

qualifications,  Const.,  Art.  2,  §  1;  §§  642,  1056-a21 1,11,18,19 

disqualified,  Const.,  Art.  2,  §  5 1 

for  registration  purposes,  §  1077 63 

Tegistration,  generally,  §§  1076-1087 61-67 

-voting  machine,  instruction  in  u'se  of,  §  1137-a22 102 

:See  also  Absent  Voters'  Law;  Registration  of  Voters. 

Voting: 

agreement  to  refrain  from,  penalty,  §§  4915,  4916 126 

assistance  to  voter,  §  1118 82 

by  women,  §  1131 84 

for  presidential  electors,  §  1106 75 

counseling  disqualified  person  to  vote,  §  4922 128 

illegally,  §§  1056^23,  1087-a33,  4919-a-4919-c 20, 127, 131 

method  of,  §§  1116,  1117,  1119,  1120,  1121 81,  82,  83 

at  certain  municipal  elections,  §  1056-b4 26 

at  primary  elections,  §  1087-a6 38 

lor  delegates  to  county  convention,  §  1087-a25 47 

when  voting  machines  are  used,  §  1137-a21 102 

more  than  once,  penalty,  §  4918 127 

on  constitutional  amendments,  §  1106 74,  75 

persons  excluded  from  right  of  suffrage,  Const.,  Art.  2,  §  5 1 

preventing  elector  from,  penalty,  §  4924 128 

procuring  vote  by  influence  or  threats,  §  4926 129 

receiving  or  rejecting  votes  illegally,   by    judges    of    election, 

§  4928 129 

time  allowed  employes  for,  §  1123 85 

to  be  by  ballot,  §  1097 72 

when  ballots  defective  in  form,  effect,  §  1122 83 

when  not  qualified,  §§  4919-4921 127, 128 

See  also  Booths;  Election  Precincts;  Polling  Places;  Precincts; 
Voting  Machines. 

Voting  Booths: 
See  Booths. 


INDEX  163 

Voting  Machine  Commissioners:  Page 

appointment,  term,  removal,  §  1137-a9 98 

compensation,  §  1137-alO 99 

examination  of  machines,  §  1137-alO 98 

requirements  as  to  approved  form,  §  1137-all : 99 

Voting  Machines: 

approved  form,  requirements  as  to  construction,  §  1137-all 99 

use  of,  §  1137-alO 99 

ballots  for,  delivery  to  election  board,  §  1137-al8 100 

form,  sample,  §§  1137-al5,  1137-al6 100 

two  sets  for  each  polling  place,  §  1137-aI7 100 

canvass  of  vote,  §'§  1137-a24,  1137-a25 103 

examination  of,  §  1137-alO 98 

experimental  use,  §  1137-al2 99 

injury  to,  §  1137-a23 102 

independent  ballots,  §§  1137-al9,  1137-a25. . ., 101,.  103 

in  plain  view  and  within  guard  rail,  §  1137^a20 102 

judges  of  election,  duties,  §§  1137-a25,  1137-a26 103 

local  authorities  to  provide,  §  1137-al3 100 

method  of  voting,  §  1137-a21 102 

instructions  to  electors,  §  1137-a22 102 

polling  places,  preparation  by  election  officers,  §  1137-al9 101 

purchase  and  payment  of,  §§  1137-a8,  1137-al4 98 

statutes  applicable,  §  1137-a27 103 

use  of  authorized,  §  1137-a7 98 

Voting  Precincts: 

See  Election  Precincts;  Polling  Places;  Precincts. 

Withdrawal  of  Candidates: 

by  written  request,  §  1101 55 

Women: 

elections  participated  in,  §  1131 84 

may  vote  for  presidential  electors,  §  1173 110 

separate  ballot  required,  §  1106 -75 

registration,   §§   1077,   1131 62,  63,  84 

voting  by,  §  1131 84 


YC  09: 


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